IRLF 


350 


Preliminary  Draft  of  a  Bill 


CONSOLIDATING  THE  EXIST 


General  Laws  Relate  to  Boroughs 


LEGISLATIVE  REFERENCE  BUREAU 


HABBISBURG 

WM.  STANLEY  RAY,  ,'TER 

1914 


EXCHANGE 


OCCUMtNfS 


Preliminary  Draft  of  a  Bill 


CONSOLIDATING  THE  EXISTING 


General  Laws  Relating  to  Boroughs 


FW-V»ST 


LEGISLATIVE   REFERENCE   BUREAU 


HARRISBURG,  PA.: 

WM.  STANLEY  RAY,  STATE  PRINTER 

1914 


PREFACE. 


By  direction  of  the  General  Assembly  of  1913  (Pamphlet  Laws, 
1913,  Page  250)  the  Legislative  Reference  Bureau  was  directed  "to 
cause  to  be  prepared,  for  adoption  or  rejection  by  the  General  As- 
sembly, compilations,  by  topics,  of  the  existing  general  statutes, 
arranged  by  chapters  and  sections,  under  suitable  headings,  with 
accompanying  lists  of  statutes  to  be  repealed."  Also  "to  cause  to  be 
prepared  codes  of  the  existing  laws  on  each  of  such  topics,  together 
with  lists  of  statutes  to  be  repealed,  in  the  event  of  the  adoption  by 
the  General  Assembly  of  any  of  such  codes." 

Pursuant  to  this  act  several  compilations  have  been  prepared  by 
the  bureau  and  will  be  submitted  to  the  General  Assembly  of  1915 
for  its  consideration.  Among  them  is  a  compilation  and  consolida- 
tion of  the  general  laws  of  Pennsylvania  relative  to  Boroughs,  a  copy 
of  which  is  herewith  submitted  for  the  criticism  of  those  interested 
in  the  subject. 

Accompanying  this  compilation  and  consolidation  a  codification 
of  this  entire  subject  will  also  be  presented  to  the  next  General  As- 
sembly for  its  consideration.  In  the  codification  the  material  will  be 
arranged  practically  as  in  the  present  bill,  but  the  entire  law  will  be 
rewritten,  simplified,  condensed  and  harmonized. 

In  preparing  this  compilation  the  law  has  been  taken  practically  as 
it  stands.  Very  few  changes  have  been  made,  and  those  only  for  the 
sake  of  clearness  and  harmony. 

In  a  task  involving  so  much  and  so  varied  details  it  is  inevitable 
that  errors  have  occurred — both  of  omission  and  of  inclusion. 

We  shall  be  deeply  gratified  if  the  person  into  whose  hands  this  pre- 
liminary draft  comes  will  read  it  carefully,  criticize  it  fully  and  freely 
and  send  any  resulting  suggestions  or  recommendations  to  the  under- 
signed at  an  early  date. 

JAMES  McKIRDY, 

Assistant  Director, 
Legislative  Reference  Bureau. 
October  1,  191.4. 

Harrisburg,  Penna. 


321364 


(1) 


(COMP.) 


AN  ACT 

To  Amend,  Revise  and  Consolidate  the  Law  Relating  to  Boroughs. 

CHAPTERS. 

I.  PRELIMINARY  PROVISIONS. 

II.  CREATION— CHARTERS. 

ARTICLE  I.  INCORPORATION. 

ARTICLE  II.  CONSOLIDATION  OF  BOR- 

OUGHS. 

ARTICLE  III.  RE-ESTABLISHMENT  OF  BOR- 

OUGHS. 

ARTICLE  IV.  DIVISION  OF  BOROUGHS. 

ARTICLE  V.  AMENDMENT  AND  ANNUL- 

MENT OF  CHARTERS. 

III.  CHANGE  OF  LIMITS— BOUNDARIES— WARDS. 

ARTICLE  I.  CHANGE  OF  LIMITS. 

ARTICLE  II.  BOUNDARIES. 

ARTICLE  III.  WARDS. 

IV.  ADJUSTMENT  OF  INDEBTEDNESS. 

V.  GENERAL  POWERS. 

VI.  SPECIAL  POWERS. 

ARTICLE  I.       .          EMINENT  DOMAIN. 

ARTICLE  II.  CONDEMNATION          PROCEED- 

INGS IN  COURT  OF  COMMON 
PLEAS. 

ARTICLE  III.  DAMAGES     FOR     INJURY     TO 

PROPERTY. 

ARTICLE  IV.  OPENING,  WIDENING,  EXTEND 

ING,     STRAIGHTENING    AND 
VACATING  STREETS. 

ARTICLE  V.  *  VACATION     OF     ROADS     AND 

AND  STREETS. 

ARTICLE  VI.  OPENING,       WIDENING       AND 

STRAIGHTENING  ROADS 

PARTLY    WITHIN    THE    BOR- 
OUGH. 

(3) 


ARTICLE  VII. 
'  ^ARTICLE* 


VII. 


VIII. 


IX. 


ARTICLE  IX. 


ARTICLE  X. 
ARTICLE  XI. 

ARTICLE  XII. 
ARTICLE  XIII. 
ARTICLE  XIV. 

ARTICLE  XV. 
ARTICLE  XVI. 
ARTICLE  XVII. 
ARTICLE  XVIII. 
ARTICLE  XIX. 

ARTICLE  XX. 
ARTICLE  XXI. 


STREET  IMPROVEMENT. 

PROCEEDINGS  FOR  THE  AS- 
CERTAINMENT AND  ASSESS- 

V  MENT  OF  COSTS,  DAMAGES 
AND  BENEFITS  FOR  GRAD- 
ING STREETS. 

COLLECTION  BY  INSTALMENT 
OF  THE  COST  OF  GRADING 
STREETS. 

ROADS  AND  HIGHWAYS  CROSS 
ING  RAILROADS. 

PLANS  AND  LOCATION  OF 
STREETS. 

SIDEWALKS. 

SEWERS. 

CONTRACTS  WITH  STREET 
RAILWAYS. 

BRIDGES. 

ELECTRIC  WIRES. 

WATER  COURSES. 

PUBLIC  SERVICE. 

PUBLIC  BUILDINGS  AND 
WORKS. 

WHARVES  AND  DOCKS. 

POWER  TO  LICENSE  AND  LI- 
CENSE FEES. 


GOVERNMENT. 
ARTICLE  I. 
ARTICLE  II. 
ARTICLE  III. 
ARTICLE  IV. 
ARTICLE  V. 
ARTICLE  VI. 
ARTICLE  VII. 


TOWN  COUNCIL. 

CHIEF  BURGESS. 

HIGH  CONSTABLE. 

AUDITORS. 

CONTROLLER. 

APPOINTED  OFFICERS. 

BUREAU  OF  MINE  INSPECTION 

AND  SURFACE  SUPPORT. 
ELECTIONS— VACANCIES  IN  OFFICE. 

ARTICLE  I.  NUMBER.  TERM  AND  TIME  OF 

ELECTION  OF  OFFICERS. 

ARTICLE  II.  FILLING  OF  VACANCIES. 

PARKS— SHADE  TREES— FORESTS. 

ARTICLE  1.  PARKS,  PARKWAYS  AND  PLAY- 

GROUNDS. 
4 


ARTICLE  II.      SHADE  TREES. 

ARTICLE  III.     FORESTS. 
X.     LIBRARIES. 
X  I .    BURIAL  GROUNDS. 

XII.  ENFORCEMENT  OF  ORDINANCES— ACTIONS  BY  AND 

AGAINST  BOROUGHS. 

ARTICLE  I.  ENFORCEMENT  OF  ORDI- 
NANCES. 

ARTICLE  II.  ACTIONS  BY  AND  AGAINST 

BOROUGHS. 

XIII.  ACTS  OF  THE  GENERAL  ASSEMBLY  REPEALED. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the\ 
Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and  it  is 
hereby  enacted  by  the  authority  of  the  same: 

CHAPTER  I. 


PRELIMINARY  PROVISIONS. 


ARTICLE  I. 

Section  1.  This  act  shall  be  known  and  may  be  cited  as  "The 
General  Borough  Act  of  One  Thousand  Nine  Hundred  and  Fifteen." 

Section  2.  This  act  does  not  include  any  provisions,  and  shall  not 
be  construed  to  repeal  any  acts,  relating  to: 

1.  The  assessment,  levy  and  collection  of  taxes,  except 

taxes  on  dogs. 

2.  The  collection  of  municipal  claims  by  liens. 

3.  The  issuing  of  municipal  bonds. 

4.  Election  officers  and  conduct  of  elections. 

5.  Poor  Districts. 

6.  Boards  of  health. 

7.  Common  schools. 

8.  Borough  and  Ward  Constables. 

9.  Justices  of  the  Peace. 

"10.     The  giving  of  municipal   consent   to   Public   Service 
Corporations. 

11.  State  Roads,  State  Aid  Roads,  and  Private  Roads. 

12.  Validations  of  elections,  bonds,  ordinances,  and  acts 
of  corporate  officers. 


Section  3.  The  provisions  of  all  acts  or  parts  of  acts  which  were  in 
force  and  are  repealed  by  this  act,  are  herein  substantially  re-enacted, 
and  shall  be  considered  to  have  remained  continuously  in  force,  so 
that  all  acts  done,  rights  accrued  or  vested,  or  liabilities  incurred 
under  such  acts,  shall  be  preserved  and  may  be  enforced  as  if  said 
provisions  had  been  continuously  in  force  from  the  time  of  their 
original  enactment. 

Section  4.  Persons  in  office,  at  the  date  of  the  approval  of  this 
act,  shall  continue  in  office  until  the  expiration  of  their  respective 
terms,  and  their  successors  shall  be  elected  and  qualify  as  provided  for 
in  this  act. 


(COMP.) 


CHAPTER  II. 


CREATION— CHARTERS. 


ARTICLE  I. 


INCORPORATION. 

Section  1.  The  several  Courts  of  Quarter  Sessions,  within  this 
Commonwealth,  shall  have  power,  to  incorporate  any  town,  or  village 
within  their  respective  jurisdiction,  and  every  town  or  village  so  in- 
corporated, shall  be  a  body  corporate  and  politic,  by  the  name  which 
shall  be  given  or  sanctioned  by  the  Court. 

Section  1,  Act  of  Apr.  1,  1834,  P.  L.  163. 

Section  2.  When  application  is  made  to  the  court  by  the  inhabi- 
tants of  any  town  or  village,  for  the  privileges  conferred  by  this  act, 
it  shall  be  in  writing,  and  shall  be  signed  by  a  majority  of  the  free- 
holders residing  within  the  limits  of  the  same.  It  shall  set  forth  the 
name,  style  and  title  of  the  proposed  borough,  with  a  particular 
description  of  the  boundaries  thereof,  exhibiting  the  courses  and  dis- 
tances in  words  at  length,  and  be  accompanied  with  a  plot  or  draft 
of  the  same. 

Section  2,  Act  of  Apr.  1,  1834,  P.  L.  163. 


Section  3.  Any  application  for  the  incorporation  of  a  borough 
shall  be  signed  by  the  petitioners,  within  three  months  immediately 
preceding  its  presentation  to  the  Court. 

Section  1,  Act  of  June  2,  1871,  P.  L.  283.    Boro  of  Ensworth, 
5  Sup.  Ct.  29. 

Section  4.  Hereafter  in  any  proceeding  for  the  incorporation  of  a 
borough  under  the  laws  of  this  Commonwealth  the  application  for 
such  incorporation,  upon  presentation  to  the  court  shall  be  filed  with 
the  clerk,  and  notice  thereof  shall  be  given  in  one  newspaper  of  the 
proper  county  for  a  period  of  not  less  than  thirty  days  immediately 
before  the  next  regular  term  following  the  presentation  of  such  ap- 
plication and  the  filing  thereof,  during  which  time  exceptions  may 
be  filed  to  such  application  by  any  person  interested,  and  the  court 
at  said  term,  after  a  full  investigation  of  the  case,  if  it  shall  find  that 
the  conditions  prescribed  by  law  have  been  complied  with  and  shall 
believe  that  it  is  expedient  to  grant  the  prayer  of  the  applicants, 
shall  grant  the  same  and  make  a  decree  accordingly,  and  said  appli- 
cation and  decree  shall  be  recorded  in  the  recorder's  office  of  tlie 
proper  county  at  the  expense  of  the  applicants. 

Section  1,  Act  of  June  26,  1895,  P.  L.  389. 

Section  5.  From  thenceforth  the  said  town  or  village  shall  be 
deemed  an  incorporated  borough,  and  shall  be  entitled  to  the  several 
rights,  privileges  and  immunities  conferred  by  this  Act,  subject  to 
such  modfications  as  may  be  hereafter  made  by  the  Legislature.  But 
if  the  Court  shall  deem  further  investigation  necessary,  they  may 
make  such  order  thereon,  as  to  right  and  justice  shall  appertain. 

Section  3,  Act  of  April  1,  1834,  P.  L.  163. 

Section  6.  The  several  courts  of  quarter  sessions  within  this  Com- 
monwealth shall  have  power,  as  provided  by  law,  to  incorporate  bor- 
oughs, without  regard  to  the  population  thereof,  which  shall  be  sub- 
ject to  the  provisions  of  this  act,  to  fix  the  time  and  place  of  holding 
the  first  election  therein,  to  designate  a  person  to  give  due  notice  of 
such  election  and  the  manner  thereof,  to  appoint  a  judge  and  in- 
spectors at  such  first  election  from  among  the  electors  of  the  borough. 

Section  21,  Act  of  Apr.  3,  1851,  P.  L.  320. 

Section  7.  Whenever  an  application  has  been,  or  shall  hereafter  be 
made,  by  the  free-holders  of  any  town  or  village  in  the  Commonwealth 
for  an  act  of  incorporation  into  a  borough,  and  the  boundaries  fixed 
by  the  petitioners  shall  embrace  lands  exclusively  used  for  the  pur- 
poses of  farming,  and  not  properly  belonging  to  the  town  or  village, 
the  courts  of  quarter  sessions  of  the  county  where  such  application  is 


made,  shall  have  power,  at  the  request  of  the  party  aggrieved,  to 
change  and  modify  such  boundaries,  so  as  to  exclude  therefrom  the 
land  used  for  farming  purposes. 

Section  1,  Act  of  Apr.  1,  1863,  P.  L.  200. 

Section  8.     The  corporate  style  and  title  of  boroughs  incorporated 

under  this  act  shall  be  "The  Borough  of " 

Section  28,  Act  of  Apr.  3,  1851,  P.  L.  320. 

Section  9.  All  charters  granted  under  this  act  shall  set  forth: 
I.  The  corporate  style  and  title  of  the  borough.  II.-  The  boundaries 
thereof. 

Section  29,  Act  of  Apr.  3,  1851,  P.  L.  320. 

Section  10.  Tn  all  proceedings  which  may  be  instituted,  in  any 
court  of  quarter  sessions  within  this  Commonwealth  for  the  erection 
of  boroughs,  wherein  a  decree  has  been  entered  incorporating  any 
town  or  village,  an  appeal,  shall  lie  from  any  such  decree  within 
twenty  days  from  the  recording  of  such  decree,  by  not  less  than  three 
persons  aggrieved  thereby,  to  the  Superior  Court  of  this  Common- 
wealth. 

Section  1,  Act  of  May  29,  1889,  P.  L.  174. 

(See  Act  June  24,  1895,  P.  L.  212,  Sec.  7,  Cl.  a.) 
Section  11.    The  boundaries  of  the  borough  shall,  as  soon  as  prac- 
ticable after  its  incorporation,  be  determined  and  marked,  due  notice 
being  first  given  to  the  supervisors  of  adjoining  townships,  or  to  the 
corporate  authorities  of  adjoining  boroughs. 

Section  25,  Act  of  Apr.  3,  1851,  P.  L.  320. 


CHAPTER  II. 


ARTICLE  II. 


CONSOLIDATION  OF  BOROUGHS. 

Section  1.  Whenever  tAVo  or  more  boroughs  duly  incorporated 
under  the  laws  of  this  Commonwealth  situate  in  the  same  county  or 
in  different  counties  shall  be  adjacent  and  of  such  compact  and  con- 
tigous  territory  as  to  form  one  municipal  division,  it  shall  and  may 
be  lawful  for  the  said  boroughs  to  be  consolidated  into  one  borough, 

8 


so  (hat  all  the  property,  rights,  franchises  and  privileges,  then  by  law 
vested  in  either  and  both  of  said  borough. s,  may  he  transferred  to  and 
vested  in  the  borough  formed  by  such  consolidation. 

Section  1,  Act  of  June  0,  1893,  P.  L.  335,  and  part  of  Section 
1,  Act  of  April  14,  1005,  P.  L.  155. 

Section  2.  Such  consolidation  shall  be  made  under  the  following 
conditions,  that  is  to  say: 

First.  The  town  council  of  each  borough  may,  of  their  own  initia- 
tive, or  shall,  within  sixty  days  after  being  requested  in  writing  by 
at  least  one  hundred  qualified  electors  of  the  borough,  enter  into  a 
joint  agreement,  under  the  corporate  seals  of  each  borough,  for  the 
consolidation  thereof  into  one  borough;  which  joint  agreement  shall 
set  forth  the  name  of  the  new  corporation,  the  number  of  wards  into 
which  such  consolidated  borough  shall  be  divided,  and  the  territorial 
boundaries  thereof;  and  may  also  set  forth  such  equitable  terms  as 
have  been  agreed  upon  for  the  use  and  disposition  of  the  property  and 
assets  of  each  of  said  boroughs,  and  for  the  liquidation  of  the  indebted- 
ness of  each  of  said  boroughs,  either  jointly,  separately,  or  in 
certain  defined  proportions,  and  the  adjusting  and  paying  the  same 
by  separate  rates  of  taxation  on  all  property  subject  to  taxation 
within  the  boundaries  of  said  boroughs,  respectively.  Such  consoli- 
dation shall  not  be  effected  until  it  shall  have  been  ratified  by  a  ma- 
jority of  the  votes  passed  by  the  electors  of  each  borough  at  a  munici- 
pal or  special  election. 

Section  1,  Act  of  Apr.  10,  1905,  P.  L.  136,  and  Sec.  1,  Act  of 
June  19,  1913,  P.  L.  540. 

(See  Mercersburg  College  case  53  Sup.  Ct.  P.  L.  388.) 

Second.  Said  agreement  shall  be  submitted  to  the  vote  of  the  qual- 
ified electors  of  each  of  said  boroughs  at  a  special  election  to  be  held 
on  a  day  to  be  designated  in  the  said  joint  agreement,  which  election 
shall  be  held  by  the  regularly  constituted  election  officers  in  and  fov 
said  boroughs,  and  in  accordance  with  the  provisions  of  the  laws  of 
this  Commonwealth  regulating  elections  by  the  people.  If  such 
special  election  shall  be  ordered  within  ninety  days  of  any  general 
election  or  elections  for  municipal  officers,  the  election  shall  be  Leld 
on  the  day  now  fixed  for  the  holding  of  such  elections.  Such  election 
shall  be  by  ballots  which  shall  be  marked  "Proposed  Consolidation," 
and  below  shall  be  printed  the  words  "For  Consolidation"  and 
"Against  Consolidation,"  and  the  elector  shall  designate  with  an  X 
his  desire  to  vote  for  or  against  such  consolidation.  Notice  of  such 
election  shall  be  given  by  proclamation  by  the  constables  of  the  re- 
spective boroughs  in  the  manner  provided  for  proclamations  for 
elections  for  municipal  officers,  and  if  the  majority  of  the  votes 

9 


cast  at  such  election  in  each  of  the  said  boroughs  shall  be  in  favor 
of  the  ratification  of  said  agreement,  then  that  fact%shall  be  certified 
to  the  town  council  of  each  of  the  said  boroughs  by  the  respective 
election  boards  or  return  judges,  and  the  chief  burgess  and  town  clerk 
of  the  respective  boroughs  shall  cause  a  declaration  of  the  result  of 
such  election  to  be  indorsed  upon  said  joint  agreement,  and  the  agree- 
ment so  adopted,  or  a  certified  copy  thereof,  with  all  its  indorsements 
shall  be  filed  in  the  office  of  the  Secretary  of  the  Commonwealth, 
and  a  copy  of  such  agreement  and  act  of  consolidation,  duly  certified 
by  the  Secretary  of  the  Commonwealth  under  the  seal  oi  his  oinYe, 
shall  be  evidence  of  the  existence  of  said  new  corporation,  and  upon 
the  filing  thereof,  the  Governor  shall  cause  letters  patent  to  be  issued 
under  the  great  seal  of  this  Commonwealth,  erecting  the  said  consoli- 
dated boroughs  into  one  corporation  by  the  name  set  forth  in  the  said 
joint  agreement. 

Section  2,  Act  of  June  6,  1893,  P.  L.  335. 

Section  3.  Upon  the  issuance  of  such  letters  patent,  the  several 
boroughs,  parties  to  said  joint  agreement,  shall  be  deemed  and 
taken  to  be  one  municipal  corporation,  by  the  name  provided  in 
said  agreement,  possessing  all  the  rights,  privileges  and  fran- 
chises of  the  respective  boioughs,  and  to  be  governed  and  controlled 
in  accordance  with  the  provisions  of  this  act;  the  ordinances  in 
force  in  each  one  of  the  several  boroughs  consolidated,  at  the  time  of 
such  consolidation,  to  continue  in  force  throughout  the  territory 
for  which  they  were  originally  enacted,  until  altered  or  repealed  by 
the  consolidated  borough. 

Section  2,  Act  of  Feb.  26,  1903,  P.  L.  6. 
This  is  an  amendment  of  Section  3,  of  the  Act  of  June  6, 
1893,  P.  L.  335. 

Section  4.  Upon  the  consummation  of  the  consolidation  as  aforesaid 
all  and  singular,  the  rights,  privileges  and  franchises  of  each  of  said 
boroughs  and  all  the  property,  real,  personal  and  mixed,  and  all 
debts  due  on  whatever  account  and  other  things  in  action  belonging 
to  each  of  said  boroughs  shall  be  taken  and  deemed  to  be  transferred 
to  and  vested  in  such  new  borough,  without  further  act  or  deed, 
and  all  property,  all  rights  of  way  and  all  and  every  other  interest 
shall  be  as  effectually  the  property  of  the  new  borough  as  they  were 
of  the  former  boroughs,  parties  to  said  agreement,  and  the  title  to  real 
estate,  whether  by  deed  or  otherwise,  under  the  laws  of  this  Com- 
monwealth vested  in  either  of  said  boroughs  shall  not  be  deemed  to 
revert  or  be  in  any  way  impaired  by  reason  of  this  act:  Provided, 
That  all  the  rights  of  creditors  and  all  liens  shall  be  preserved  unim- 
paired, and  the  respective  boroughs  may  be  deemed  to  continue  in 
existence  to  preserve  same,  and  all  debts,  liabilities  and  duties  of 

10 


either  of  said  boroughs  shall  henceforth  attach  to  said  borough  and 
be  enforced  against  it  to  the  same  extent  as  if  said  debts,  liabilities 
and  duties  had  been  incurred  by  or  contracted  by  it. 

Section  4,  Act  of  June  6,  1893,  P.  L.  335. 

Section  5.  Any  borough  formed  by  the  consolidation  of  bor- 
oughs partly  lying  or  situate  in  different  counties  shall,  for  all  muni- 
cipal purposes  of  government  and  control,  be  deemed  and  considered 
as  under  and  within  the  jurisdiction  of  the  courts  of  that  county, 
in  which  is  situate  the  borough  first  incorporated  of  those  forming 
such  consolidated  borough. 

Section  2,  Act  of  Apr.  14,  1905,  P.  L.  155. 


OHAPTEK  IT. 


ARTICLE  III. 


RE  ESTABLISHMENT  OF  BOROUGHS. 

Section  1.  In  all  cases,  where  cities  of  the  third  class  have  been 
formed  by  joining  together  two  or  more  boroughs,  it  shall  be  lawful 
for  the  courts  of  common  pleas  of  the  proper  county,  upon  the  petition 
of  not  less  than  one-third  of  the  registered  voters  of  the  territory, 
proposed  to  be  erected  into  such  borough,  formerly  comprised  within 
the  limits  of  either  borough,  setting  forth  that  the  inhabitants  of  said 
territory  wish  to  separate  from  the  city  of  which  they  form  a  part, 
and  to  establish  therein  a  borough  organization,  to  appoint  three  com- 
missioners, whose  duty  it  shall  be  to  investigate  the  facts  set  forth 
in  such  petition,  and  to  report  to  the  said  court  as  to  the  expediency  or 
inexpediency  of  granting  the  prayer  of  the  petitioners. 

Section  1,  Act  of  Apr.  18,  1877,  P.  L.  55. 

Section  2.  If  the  facts,  as  set  forth  in  the  petition,  are  sustained 
by  the  commissioners,  and  their  report  shall  be  in  favor  of  setting 
off  such  territory,  named  therein,  from  the  city,  they  shall  accompany 
their  report  with  a  survey  and  map  of  such  territory,  formerly  com- 
prising said  borough,  or  any  such  part  thereof,  as  may  be  described 
in  said  petition,  and  the  court  shall  thereupon  order  an  election  to 
be  held,  on  the  next  appointed  day  for  holding  a  State  or  city  election, 
at  which  time,  the  legal  voters  within  said  territory  shall  vote  for  or 
against  such  separation;  and  if  a  majority  of  votes  cast  at  such 

11 


election  shall  be  in  favor  of  such  separation,  then  the  court  shall 
make  a  decree  declaring  such  territory  a  borough,%and  appoint  one 
person  qualified  to  serve  as  a  member  of  the  Senate  of  this  Common- 
wealth, to  be  the  burgess  of  said  borough,  and  seven  persons,  quali- 
fied to  serve  as  members  of  the  House  of  Representatives  of  this 
Commonwealth,  to  constitute  the  borough  council  thereof,  who  shall 
hold  their  respective  offices  until  the  first  Monday  of  January  next 
succeeding  the  municipal  election  at  which  such  officers  are  to  be 
•elected,  as  provided  in  Chapter  Eight,  Article  One.  From  the  date 
of  such  decree  by  the  court,  the  territory  so  erected  into  a  borough, 
and  the  inhabitants  thereof,  shall  be  subject  to  the  provisions  of 
this  act,  and  shall  no  longer  be  subject  to  the  laws,  rules  and  ordi- 
nances of  such  city,  but  shall  be  separate  and  independent  there- 
from. 

Section  2,  Act  of  April  18,  1877,  P.  L.  55. 


CHAPTER  II. 


ARTICLE  IV. 


DIVISION  OF  BOROUGHS. 

Section  1.  Whenever  any  incorporated  borough  shall  include 
within  its  limits  two  or  more  villages,  it  shall  be  lawful  for  a  ma- 
jority of  the  freeholders,  residing  in  any  one  or  more  of  the  said 
villages  to  make  application,  by  petition  in  writing,  to  the  court  of 
quarter  sessions  of  the  county  wherein  such  village  or  villages  are 
situate,  praying  that  the  said  village  or  villages  may  be  set  off  from 
the  said  borough  and  erected  into  a  new  and  separate  borough ;  and 
upon  the  presentation  of  the  said  petition,  the  said  court  of  quarter 
sessions,  shall  have  full  power  and  authority  to  set  off  and  divide  the 
said  village  or  villages  from  the  said  borough  and  to  incorporate  such 
village  or  villages  into  a  new  borough. 

Section  1,  Act  of  May  29,  1889,  P.  L.  393. 

Section  2.  The  petition  provided  for  in  Section  1  of  this  article 
shall  be  signed  by  the  petitioners  within  three  months  immediately 
preceding  its  presentation  to  the  court,  and  upon  such  presentation 
shall  be  filed  with  the  clerk,  and  notice  thereof  shall  be  given  in  one 
newspaper  of  the  proper  county  for  a  period  of  not  less  than  thirty 
days  immediately  before  the  next  regular  term  following  the  presenta- 
tion of  such  petition  and  the  filing  thereof,  during  which  time  excep- 

12 


tions  may  be  filed  to  such  petition  by  any  person  interested,  and  the 
court  at  said  term,  after  full  investigation  of  the  case,  if  it  shall  find 
that  the  conditions  prescribed  by  law  have  been  complied  with  and 
shall  believe  that  it  is  expedient  to  grant  the  prayer  of  the  petitioners, 
shall  grant  the  same  and  make  a  decree  accordingly,  and  said  petition 
and  decree  shall  be  recorded  in  the  recorder's  office  of  the  proper 
county  at  the  expense  of  the  petitioners. 

A  section  drafted  from  Section  1,  Act  of  June  2,  1871,  P. 

L.  283,  and  Section  1,  Act  of  June  26,  1895,  P.  L.  389. 

(Borough  of  Ensworth,  5  Sup.  Ct.  29;  Throop  Borough,  15 

Pa.  0.  C.  131.) 

Section  3.  The  said  village  or  villages,  so  incorporated,  shall 
thereupon  become  a  body  politic  under  such  name  as  shall  be  given  or 
sanctioned  by  the  court,  and  shall  be  subject  to  the  provisions  of  this 
act. 

Section  2,  Act  of  May  29,  1889,  P.  L.  393. 

Section  4.  The  said  court  of  quarter  sessions  shall  have  power  to 
fix  the  time  and  place  for  holding  the  first  election  in  said  borough, 
to  designate  a  person  to  give  due  notice  of  such  election,  to  appoint  a 
judge  and  inspectors  of  such  first  election,  from  among  the  electors 
of  the  borough. 

Section  3.  Act  of  May  29,  1889,  P.  L.  393. 

Section  5.  In  all  proceedings  wrhich  may  be  instituted  in  any 
court  of  quarter  sessions  wherein  a  decree  has  been  entered  incor- 
porating any  village,  or  villages  into  a  borough,  in  accordance  with 
the  provisions  of  the  foregoing  sections,  an  appeal  shall  lie  from  such 
decree,  within  twenty  days  after  the  recording  thereof,  by  not  less 
than  three  persons  aggrieved  thereby,  to  the  Superior  Court  of  this 
Commonwealth. 

Section  1,  Act  of  May  9,  1889,  P.  L.  174. 
See  ''Incorporation  of  Sharon  Hill  Borough,  140  Pa.  250," 
and  Act  of  June  24,  1895,  P.  L.  212,  Section  7,  Clause  "a." 

Section  6.  Whenever  any  territory  shall  be  detached  from  a  bor- 
ough under  the  procedure  set  forth  in  Sections  1,  2,  3,  4,  5  and  6,  of 
Article  1,  Chapter  3,  of  this  act,  the  court  of  quarter  sessions  may 
make  a  decree  directing  that  the  portions  so  detached  shall  constitute 
a  new  borough,  if  the  same  shall  be  to  the  best  interests  of  the  several 
boroughs,  townships  and  school  districts  affected  thereby  and  the 
residents  of  the  territory  so  detached;  and  shall  order  and  direct  a 
special  election  to  be  held  for  the  election  of  the  proper  officers 
therefor:  Provided,  That  no  such  borough  shall  be  created,  unless 

13 


the  intention  to  do  so  has  been  set  forth  in  the  original  petition  filed, 
or  after  thirty  days'  notice,  in  such  manner  as  th«  court  may  di- 
rect. 

Section  4,  Act  of  June  1,  1887,  P.  L.  285. 


CHAPTER  IT. 


ARTICLE  V. 


AMENDMENT  AND  ANNULMENT  OF  CHARTERS. 

Section  1.  The  several  courts  of  quarter  sessions  shall  have  power 
with  the  concurrence  of  the  grand  jury  of  the  county,  and  upon  ap- 
plication in  writing  of  two-thirds  of  the  taxable  inhabitants  of  any 
borough  to  annul  or  alter  the  charter  of  the  same. 

Section  4,  Act  of  April  1,  1834,  P.  L.  163. 

Section  2.  Such  application  shall  be  signed  by  the  petitioners 
whose  names  are  attached  thereto,  within  three  months  immediately 
preceding  its  presentation  to  the  court,  and  public  notice  of  the  in- 
tended application  for  such  annulment  or  amendment  shall  be  given 
in  at  least  one  newspaper  of  the  proper  county  for  a  period  of  not  less 
than  thirty  days  immediately  before  the  application  shall  be  pre- 
sented. 

Section  1,  Act  of  June  2,  1871,  P.  L.  283. 

Section  3.  The  application  shall  be  laid  before  the  grand  jury  at 
the  same  term  of  court  when  presented,  whenever  the  same  can  be 
conveniently  done,  and  in  no  case  later  than  the  next  subsequent  term 
of  the  court.  If  a  majority  of  the  grand  jury  after  a  full  investigation 
of  the  case  shall  find  that  the  conditions  prescribed  by  this  act  have 
been  complied  with,  and  shall  believe,  that  it  is  expedient  to  grant 
the  prayer  of  the  petitioners,  they  shall  certify  the  same  to  the 
court,  which  certificate  shall  be  entered  of  record,  and  no  further 
proceedings  shall  be  had  until  the  succeeding  term  of  said  court, 
at  which  term  the  judgment  of  the  grand  jury  may  be  confirmed;  and 
if  the  decree  of  the  court  shall  be  in  conformity  with  the  prayer  of  the 
petitioners,  the  said  petition  and  decree  shall  be  recorded  in  the 
recorder's  office  of  the  proper  county  at  the  expense  of  the  applicants. 
Section  3,  Act  of  April  1,  1834,  P.  L.  163,  and  part  of  Sec- 
tion 1,  Act  of  June  2,  1871,  P.  L.  283. 

14 


(COMP.) 


CHAPTER  in. 


CHANGE  OF  LIMITS— BOUNDARIES— WARDS. 

ARTICLE  I. 
CHANGE  OF  LIMITS. 

(a)  ON  PETITION  OF  FREEHOLDERS  OF  BOROUGH. 

Section  1.  The  several  courts  of  quarter  sessions  shall  have  power 
upon  application,  by  and  with  concurrence  of  the  grand  jury,  to 
change  the  limits  of  any  borough  incorporated  under  the  provisions 
of  Chapter  2,  Article  1,  of  this  act,  and  to  decree  such  alterations 
as  may  be  needful. 

Section  1  and  Section  3,  of  the  Act  of  April  1,  1834,  P.  L.  163. 

See  Waynesboro  Extension,  6.  Pa.  C.  C.  140. 

McFates  Appeal,  106  Pa.  323. 

Section  2.  When  application  is  made  to  the  court  by  the  inhabi- 
tants of  such  borough  for  the  privileges  conferred  by  Section  1,  of 
this  article,  it  shall  be  in  writing,  and  shall  be  signed  by  a  majority 
of  the  freeholders  residing  within  the  limits  of  the  same.  It  shall 
set  forth  a  particular  description  of  the  boundaries  thereof,  exhibit- 
ing the  courses  and  distances  in  words  at  length,  and  be  accompanied 
with  a  plot  or  draft  of  the  same. 

Section  2,  Act  of  April  1,  1834,  P.  L.  163. 
Incorporation  of  Wilkinsburg  Boro,  131  Pa.368. 

Section  3.  The  said  application  shall  be  laid  before  the  grand  jury, 
at  the  same  term  of  court  when  presented,  whenever  the  same  can 
be  conveniently  done,  and  in  no  case  later  than  the  next  subsequent 
term  of  court,  and  shall  be  signed  by  the  petitioners  whose  names  are 
attached  thereto,  within  three  months  immediately  preceding  its  pre- 
sentation to  the  court;  and  public  notice  of  the  intended  application 
for  such  alteration  shall  be  given  in  at  least  one  newspaper  of  the 
proper  county  for  a  period  of  not  less  than  thirty  days  immediately 
before  the  petition  shall  be  presented. 

Section  1,  Act  of  June  2,  1871,  P.  L.  283. 

Section  4.  If  a  majority  of  the  grand  jury  after  full  investigation 
of  the  case  shall  find,  that  the  conditions  prescribed  have  been  com- 
plied with,  and  shall  believe  that  it  is  expedient  to  grant  the  prayer 

2— C  15 


of  the  petitioners,  they  shall  certify  the  same  to  the  court,  which  cer- 
tificate shall  be  entered  of  record,  and  no  further  proceedings  shall 
be  had,  until  the  succeeding  term  of  the  said  court,  at  which  term  the 
judgment  of  the  grand  jury  may  be  confirmed;  and  if  the  decree  of 
the  court  shall  be  in  conformity  with  the  prayer  of  the  petitioners, 
the  said  petition  and  decree  shall  be  recorded  in  the  recorder's  office 
of  the  proper  county  at  tiie  expense  of  the  applicants,  and  if  the  court 
shall  deem  further  investigation  necessary,  they  may  make  such  order 
thereon  as  to  right  and  justice  shall  appertain. 

Section  3,  Act  of  April  1,  1834,  P.  L.  163. 

Section  5.  Whenever  the  court  of  quarter  sessions  shall  make  a 
decree  changing  the  limits  of  any  borough,  as  provided  by  the  fore- 
going sections  of  this  article,  by  detaching  therefrom  any  portion  of 
the  territory  included  therein,  it  shall  be  the  duty  of  said  court  to 
make  a  further  decree,  directing  that  the  portion  so  detached  shall 
constitute  a  new  borough,  a  new  township,  or  become  part  of  an 
adjacent  borough,  township  or  townships,  as  to  said  court  may  seem 
for  the  best  interests  of  the  several  boroughs,  townships  and  school 
districts  affected  thereby,  and  the  residents  of  the  territory,  so  de- 
tached, an4  in  the  case  of  the  erection  of  a  new  borough,  or  town- 
ship, or  school  district,  shall  order  and  direct  a  special  election  to  be 
held  for  the  election  of  proper  officers  therefor :  Provided,  That  no  new 
borough  shall  be  created,  unless  the  intention  to  do  so  has  been  set 
forth  in  the  original  petition  filed,  or  after  thirty  days'  notice,  in 
such  manner  as  the  court  may  direct. 

Section  4,  Act  of  June  1,  1887,  P.  L.  285. 

Section  6.  In  case  the  officers  of  the  borough,  from  which  any 
territory  detached,  or  any  of  them,  shall  reside  in  the  portion  so  de- 
tached, they  shall,  from  the  time  of  the  decree,  cease  to  exercise  the 
function  of  said  office  or  offices,  and  the  same  shall  be  and  become 
vacant,  and  shall  be  filled  in  the  manner  prescribed  by  law  for  filling 
vacancies  in  such  offices.  And  the  remaining  members  of  council  shall 
constitute  a  quorum  for  the  transaction  of  all  business,  until  the 
vacancies  shall  have  been  filled  as  herein  provided. 

Section  5,  Act  of  June  1,  1887,  P.  L.  285. 

Section  7.  The  provisions  of  the  foregoing  sections  of  this  article 
which  require  the  application  for  change  of  borough  limits  to  be 
laid  before  the  grand  jury,  shall  not  apply  to  any  proceeding  for  the 
change  of  borough  limits  by  the  detachment  of  territory  where  such 
territory  is  annexed  to  a  contiguous  township. 

Section  5,  Act  of  May  28,  1907,  P,  L.  264. 

16 


(b)  BY  ANNEXATION  ON  PETITION  TO  COURT  OF  QUARTER 

SESSIONS. 

(1)  Where  territory  is  in  one  county. 

Section  8.  The  several  courts  of  quarter  sessions,  by  and  with  the 
concurrence  of  the  grand  jury,  shall  have  power  to  change  the  limits 
of  any  incorporated  borough  within  this  Commonwealth. 

Section  1,  Act  of  May  17,  1883,  P.  L.  36. 
Amending  Section  1,  Act  of  June  11,  1879,  P.  L.  150.     See 
20  W.  N.  C.  494. 

Section  9.  When  an  application  is  made  to  the  court  by  the  inhabi- 
tants of  any  lots,  outlets,  or  other  tracts  of  land,  adjacent  to  a  bor- 
ough, to  be  annexed  to  said  borough,  it  shall  be  in  writing  and  shall 
be  signed  by  a  majority  of  the  freeholders  residing  within  the  limits 
to  be  annexed,  and  shall  set  forth  a  particular  description  of  the 
boundaries,  exhibiting  the  courses  and  distances  in  words  at  length, 
and  be  accompanied  with  a  plot  or  draft  of  the  same;  it  shall  also 
appear  by  proof  satisfactory  to  the  court,  that  a  notice  of  the  in- 
tended application  has  been  personally  served  upon  the  burgess  and 
town  council  of  the  borough,  and  the  supervisors  of  the  township  in 
which  the  petitioners  then  reside,  and  that  public  notice  has  been 
given  of  such  application  in  at  least  one  newspaper  of  the  proper 
county,  by  publication  for  a  period  of  not  less  than  thirty  days  im- 
mediately before  the  petition  shall  be  presented. 

Section  2,  Act  of  June  11,  1879,  P.  L.  150. 

Section  10.  The  court  shall  cause  the  aforesaid  application  to 
be  laid  before  the  grand  jury  when  in  session,  and  if  a  majority  of 
said  grand  jury,  after  a  full  investigation  of  the  case,  shall  find  that 
the  conditions  prescribed  by  this  act  have  been  complied  with,  and 
shall  believe  that  it  is  expedient  to  grant  the  prayer  of  the  petitioners, 
they  shall  certify  the  same  to  the  court;  which  certificate  shall  be 
entered  of  record  and  may  be  confirmed  by  the  court;  and  if  the  de- 
cree of  the  court  shall  be  in  conformity  with  the  prayers  of  the 
petitioners,  the  said  petition  and  decree  shall  be  recorded  in  the  re- 
corder's office  of  the  proper  county,  at  the  expense  of  the  applicants ; 
and  from  thenceforth  the  said  limits  so  annexed  shall  be  deemed, 
taken  and  allowed  to  be  a  part  of  said  borough,  and  subject  to  the 
jurisdiction  and  government  of  the  municipal  authorities  of  said 
borough,  as  fully  as  if  the  same  had  been  originally  a  part  thereof; 
but  if  the  court  shall  deem  further  investigation  necessary,  thev  may 
take  such  order  thereon  as  to  right  and  justice  shall  appertain. 

Section  3,  Act  of  June  11,  1879,  P.  L.  150. 


17 


(2)     Where  territory  is  in  two  or  more  counties. 

Section  11.  Upon  the  petition  of  a  majority  of  the*  taxable  inhabi- 
tants of  any  described  territory,  situate  in  two  or  more  counties 
in  this  Commonwealth,  to  the  courts  of  quarter  sessions  of  the  peace 
of  all  the  counties  in  which  said  described  territory  may  be  situate, 
expressing  a  desire  to  have  said  territory  included  within  the  limits 
of  any  borough  adjacent  thereto,  it  shall  be  the  duty  of  each  of  said 
courts  to  appoint  one  commissioner,  who,  when  appointed,  shall  se- 
lect a  third  one  who  shall  be  a  surveyor,  to  view  the  territory  sought 
to  be  so  annexed,  and  make  report  of  their  proceedings  to  the  courts 
to  which  the  petitions  have  been  presented. 

Section  1,  Act  of  June  8,  1874,  P.  L.  281. 

Section  12.  The  commissioners  aforesaid  shall,  within  sixty  days 
after  their  appointment  and  selection,  and  after  being  sworn  or 
affirmed,  view  the  territory  sought  to  be  annexed;  and  if  they  shall 
agree  that  it  would  be  wise  and  proper  to  grant  the  prayers  of  the 
petitioners,  they  shall  proceed  to  survey  and  ascertain  the  lines  of 
the  territory  proposed  to  be  annexed,  and  shall,  at  the  next  term  of 
said  courts,  make  reports,  and  in  the  said  reports  shall  stafe  particu- 
larly that  they  were  all  present  at  the  view:  Second,  whether  they 
were  severally  sworn  or  affirmed:  Third,  that  they  deem  it  wise  and 
proper  that  the  territory  described  should  be  annexed,  in  accord- 
ance with  the  prayers  of  the  petitioners.  They  shall  also  annex  and 
return  to  the  courts  a  plot  or  draft  thereof,  stating  the  courses  and 
distances,  and  the  quantity  of  land  therein  contained. 

Section  2,  Act  of  June  8,  1874,  P.  L.  281. 

Section  13.  If  the  courts  shall  each  approve  the  report  of  the  com- 
missioners, the  whole  proceedings  shall  be  entered  on  record,  and  then 
the  territory  so  annexed  shall  be  taken  as  within  the  limits  of 
said  borough  for  all  intents,  for  borough  purposes. 

Section  3,  Act  of  June  8,  1874,  P.  L.  281. 

Section  14.  If  at  the  term  of  the  courts  to  which  the  said  reports 
are  made  a  petition  should  be  presented,  by  any  person  or  persons  in- 
terested therein,  praying  that  a  rule  should  be  granted  on  any  two 
or  more  of  those  signing  the  original  petition,  to  show  cause  why 
said  report  should  not  be  approved,  the  court  to  which  said  petition 
is  presented,  may,  in  its  discretion  grant  said  rule,  making  it  return- 
able at  no  greater  distance  of  time  than  the  following  term  of  the  said 
court;  and  if,  upon  the  hearing  of  said  rule,  the  court  should  be  of  the 
opinion  that  it  would  be  unjust  to  those  claiming  to  be  aggrieved, 
to  have  said  territory  annexed,  as  aforesaid,  then  the  report  of  the 
commissioners  shall  not  be  affirmed,  and  the  persons  signing  the 

18 


original  petition  shall  pay  ihe  costs  of  the  whole  proceedings;  but, 
in  case  the  rule  is  discharged,  then  the  costs  upon  the  same  shall  be 
paid  by  those  petitioning  to  have  il  issued. 

Section  4,  Act  ofJune  8,  1874,  P.  L.  281. 

Section  15.  The  commissioners  aforesaid  shall  each  receive  five 
dollars  per  day,  for  each  and  every  day  necessarily  employed  in  the 
discharge  of  their  duties,  to  be  paid  out  of  the  funds  of  the  borough 
to  which  the  territory  is  annexed,  in  case  they  report  in  favor  of 
granting  the  prayer  of  the  petitioners,  and  the  approval  thereof;  but 
in  case  the  report  should  be  against  annexation,  or  should  not  be 
approved  by  the  courts,  then  the  costs  to  be  paid  by  the  petitioners. 

Section  5,  Act  of  June  8,  1874,  P.  L.  281. 

(c)   BY  ANNEXATION  ON  PETITION  TO  BURGESS  AND 

COUNCIL. 

Section  16.  The  burgess  and  council  of  any  borough  or  incorporated 
town  shall  have  power,  on  petition  of  a  majority  of  the  freehold 
owners  of  any-  lot  or  outlots  of  any  section  of  land  lying  adjacent 
to  said  borough  or  incorporated  town,  in  the  same  or  an  adjoining 
county,  to  declare,  by  ordinance,  the  admission  of  such  lots  or  out- 
lots.  Whenever  the  borough  or  towrn  authorities  shall  extend  the 
limits  of  such  borough  or  town,  as  aforesaid,  they  shall  file  in  the 
court  of  quarter  sessions  of  the  proper  county,  or  counties,  a  plan  or 
plot  showing  the  boundary  of  the  borough  or  town  and  of  the  section 
admitted,  together  with  the  certified  copy  of  the  ordinance,  and  a 
description  of  the  boundaries  of  the  borough  or  town,  and  of  the 
borough  or  town  as  extended,  giving  the  courses  and  distances  in 
words,  at  length;  which  section  shall,  after  the  filing  of  the  matter 
as  aforesaid,  be  deemed  part  of  said  borough  or  town,  and  subject 
to  its  jurisdiction  and  government. 

Section  1,  Act  of  Mar.  21,  1907,  P.  L.  25,  amending  1903,  P. 
L.  247;  Washington  Boro,  26  P.  S.  0.  296;  Donora  Boro,  26 
P.  S.  C.  300;  Extension  of  Kutztown  Boro,  19  D.  R.  943. 

(d)  BY  DETACHMENT  OF  TERRITORY. 
(1)     Where  it  is  annexed  to  a  contiguous  township. 

Section  17.  The  court  of  quarter  sessions  of  the  peace  of  the 
proper  county  shall  have  power  to  change  the  limits  of  any  incor- 
porated borough  within  this  Commonwealth,  by  detaching  therefrom 
any  portion  of  the  territory  embraced  within  said  limits  and  by  an- 
nexing the  same  to  any  contiguous  township  or  townships,  in  accord- 
ance with  the  provisions  of  this  act. 

Section  1,  Act  of  May  28,  1907,  P.  L.  264. 

19 


Section  18.  The  application  to  the  said  court,  for  the  purpose  of 
diminishing  the  territory  of  a  borough  and  annexing  the  same  to 
any  contiguous  township  or  townships,  shall  be  in  writing,  and  shall 
be  signed  by  a  majority  of  the  freeholders  residing  within  the  limits  of 
said  borough ;  or,  an  application  can  be  made  by  a  freeholder  or  free- 
holders, where  the  dividing  line  between  a  borough  and  a  township 
shall  separate  lands  of  the  said  freeholder  or  freeholders  into  two 
or  more  parts.  The  application  shall  contain  a  proper  description 
of  the  portion  or  portions  of  borough  territory  proposed  to  be  de- 
tached, showing  the  name  or  names  of  the  contiguous  townships,  ex- 
hibiting the  courses  and  distances  thereof,  in  words  at  length,  and 
shall  be  accompanied  by  a  plot  or  draft  of  the  same. 

Section  2,  Act  of  May  28,  1907,  P.  L.  264. 

Section  19.  Upon  presentation  of  said  application  to  the  court, 
the  court  shall  order  the  same  to  be  filed,  and  shall  direct  notice  there- 
of to  be  given  to  the  supervisors  of  the  townships  affected  thereby, 
and  to  the  president  or  secretary  of  council  of  said  borough,  and  shall 
fix  a  time  for  hearing  the  matter;  and  the  notice  herein  provided  shall 
be  served  at  least  twenty  days  prior  to  the  day  of  hearing;  and  if 
the  said  court,  after  a  full  investigation  of  the  case,  believe  it  is  ex- 
pedient to  grant  the  prayer  of  the  applicant  or  applicants,  it  shall 
grant  the  same,  and  enter  decree  accordingly;  and  the  said  applica- 
tion and  decree  shall  be  forthwith  recorded  in  the  recorder's  office 
of  the  proper  county,  at  the  expense  of  the  applicant  or  applicants; 
and  the  court  shall,  at  the  same  time,  further  decree  to  what  adja- 
cent township  or  townships  the  territory  so  detached  shall  be  annexed, 
as  the  said  court  may  deem  for  the  best  interests  of  the  several  dis- 
tricts affected  thereby,  or  the  interest  of  the  applicant  or  applicants 
where  lands  may  be  divided  into  two  or  more  parts;  and  from  and 
after  the  entry  and  recording  of  said  decree  and  application,  the 
boundaries  and  limits  of  any  such  borough  and  of  the  adjacent  town- 
ship or  townships  shall  be  deemed  and  taken  as  fixed  in  said  decree 
of  court. 

Section  3,  Act  of  May  28,  1907,  P.  L.  264. 

(2)  By  reason  of  natural  or  artificial  obstructions  or  causes. 

Section  20.  In  all  cases  where,  by  reason  of  natural  or  artificial 
obstructions  or  causes,  any  part  of  any  borough  is  or  shall  be  divided 
or  cut  off  from  the  main  portion  of  such  borough,  or  where  such  part 
is  so  located  that  access  to  the  main  portion  thereof  can  only  be  had 
by  passing  through  some  other  township  or  borough,  and  it  shall  be 
for  the  best  interests  of  such  part  of  any  borough,  so  cut  off  or  located, 
and  of  the  inhabitants  thereof,  that  such  part  should  be  stricken  off 
from  the  borough  of  which  it  is  a  part  and  be  annexed  to  some  ad- 

20 


joining  township  or  borough,  the  court  of  quarter  sessions  of  peace 
of  the  county,  wherein  such  borough  may  be  situate,  shall  have  power, 
on  presentation  of  a  petition  signed  by  not  less  than  two-thirds  of 
the  inhabitants  and  the  owners  of  not  less  than  two-thirds  in  value, 
as  shown  by  the  last  assessment  for  county  taxation,  of  the  real 
property  situate  in  such  part  of  any  borough,  to  decree  such  altera- 
tions of  the  boundaries  of  such  boroughs  as  may  be  affected  thereby 
as  shall  be  for  the  best  interests  of  such  part  of  any  borough,  so  cut 
off  or  located  as  aforesaid. 

Section  1,  Act  of  May  11,  1901,  P.  L.  177. 

Section  21.  Upon  the  presentation  of  a  petition,  as  provided  in 
Section  20  of  this  article,  the  court  shall  direct  notice  to  be  given 
to  the  town  councils  of  .such  boroughs  as  shall  be  affected  by  such 
change,  and  fix  a  day  for  hearing  the  matter,  and,  after  hearing  all 
parties  in  interest,  the  court  shall  make  such  decree  as  to  the  court 
shall  seem  right  and  proper. 

Section  2,  Act  of  May  11,  1901,  P.  L.  177. 


CHAPTER  III. 


ARTICLE  II. 


BOUNDARIES. 

Section  1.  Whenever  any  borough  is  bounded  by  the  nearest  margin 
of  any  navigable  stream  of  this  Commonwealth  and  the  opposite  town- 
ship, borough  or  city,  as  the  case  may  be,  is  also  bounded  by  the 
nearest  margin  of  the  same  stream,  the  middle  of  such  stream  shall 
be  deemed  and  taken  to  be  the  boundary  between  such  township^, 
boroughs  or  cities,  as  the  case  may  be. 

Section  1,  Act  of  May  24,  1887,  P.  L.  20; 

Section  2.  The  several  courts  of  quarter  sessions  shall  have  au- 
thority within  their  respective  counties  to  cause  disputed  lines  and 
boundaries  between  two  or  more  boroughs  and  cities,  or  boroughs 
and  townships,  to  be  ascertained  and  established. 

Section  1,  Act  of  June  3,  1893,  P.  L.  284. 


21 


Section  3.  Upon  application  by  petition  to  the  court  of  quarter  ses- 
sions for  the  purpose  of  ascertaining  and  establishing  disputed  lines 
or  boundaries  between  two  or  more  boroughs,  boroughs  and  cities, 
or  boroughs  and  townships,  the  court  shall  appoint  three  impartial 
men,  one  of  whom  shall  be  a  competent  surveyor  who,  after  having 
given  notice  as  directed  by  the  court,  shall  view  the  said  lines  or  boun- 
daries; and  it  shall  be  the  duty  of  the  said  commissioners  so  ap- 
pointed, or  any  two  of  them,  to  make  a  plot  or  draft  of  the  lines 
proposed  to  be  ascertained  and  established,  if  the  same  cannot  be 
fully  designated  by  natural  lines  or  boundaries,  all  of  which  they,  or 
any  two  of  them,  shall  report  to  the  next  court  of  quarter  sessions, 
together  with  their  opinion  of  the  same,  and  at  the  term  after  that 
at  which  the  report  shall  be  made,  the  court  shall  take  such  order 
thereupon  as  to  it  shall  be  just  and  reasonable:  Provided,  That  upon 
petition  a  review  may  be  ordered  by  said  court :  And  provided  further, 
That  an  appeal  may  be  taken  from  the  decision  of  said  commissioners 
of  view  or  review  and  the  question  of  fact  in  dispute  determined  by 
a  feigned  issue  to  be  framed  by  the  court  after  the  manner  of  framing 
feigned  issues  under  existing  laws,  to  be  certified  to  the  court  of  com- 
mon pleas  of  the  proper  county. 

Section  2,  Act  of  June  3,  1893,  P.  L.  284. 

Section  4.  That  the  commissioners  so  appointed  shall  each  receive 
three  dollars  per  day,  except  the  surveyor,  who  shall  receive  five  dol- 
lars per  day,  and  mileage  at  the  rate  of  ten  cents  per  mile  for  every 
mile  necessarily  traveled,  for  each  and  every  day  necessarily  em- 
ployed while  in  the  performance  of  their  duties,  to  be  paid  out  of  the 
county  funds. 

Section  3,  Act  of  June  3,  1893,  P.  L.  284. 

Section  5.  That  whenever  a  line  is  finally  established  by  virtue  of 
this  act  the  court  shall  cause  the  same  to  be  marked  with  stone  monu- 
ments to  be  placed  at  intervals,  not  exceedingg  fifteen  hundred  feet 
from  each  other,  the  expense  thereof  to  be  reasonable  and  to  be  first 
approved  by  the  court,  and  to  be  borne  equally  by  the  municipalities 
interested,  and  the  court  shall  compel  the  payment  of  the  same 
according  to  law. 

Section  4,  Act  of  June  3,  1893,  P.  L.  284. 

Section  6.  Where  the  dividing  line  between  two  adjoining  boroughs 
is  wholly  or  in  part  uncertain,  or  where  it  is  the  desire  of  the  authori- 
ties of  adjoining  boroughs  that  the  dividing  line  between  said  bor- 
oughs should  be  changed,  the  proper  borough  authorities  shall  have 
the  power  to  fix  and  determine  such  boundary  line,  or  part  thereof, 
or  to  change  the  same,  in  the  manner  hereinafter  set  forth. 

Section  1,  Act  of  May  5,  1911,  P.  L.  176. 

22 


Section  7.  Such  dividing  line  shall  be  fixed  and  determined  or 
changed,  by  ordinances  duly  passed  by  the  councils  of  each  borough, 
by  the  affirmative  votes  of  not  less  than  two-thirds  of  all  the  mem- 
bers elected  to  each  of  said  councils,  and  approved  by  the  respective 
burgesses.  A  plan  or  plot  showing  such  dividing  line,  and  the  change 
or  changes  in  the  same,  if  any,  together  with  copies  of  the  ordinances 
authorizing  the  action  taken,  shall  be  filed  in  the  office  of  the  clerk 
of  the  court  of  quarter  sessions  of  the  proper  county,  within  thirty 
days  after  the  approval  of  the  last  ordinance  relating  to  the  matter; 
and  any  citizen  of  either  borough  shall  have  the  right  to  appeal  from 
said  ordinances  within  thirty  days  of  the  filing  of  such  plan  and 
copies.  If  an  appeal  is  filed,  the  court  shall  have  full  power  and 
authority  to  make  such  orders  and  decrees  as  to  right  and  justice 
shall  appertain. 

Section  2,  Act  of  May  5,  1911,  P.  L.  176. 

Section  8.  In  all  cases  where  the  dividing  lines  between  adjoining 
boroughs,  situate  in  the  same  county,  separate  the  property  of  the 
same  owner  into  two  or  more  parts,  the  court  of  quarter  sessions  of 
the  peace  of  the  county  in  which  the  said  boroughs  are  situate,  shall 
have  power,  and  are  hereby  authorized,  by  a  decree  of  the  said  court, 
to  so  change  the  said  dividing  lines,  as  that  the  whole  of  the  said 
property  shall  be  hereafter  located  in  one  or"  the  other  of  the  said 
boroughs. 

Section  1,  Act  of  elune  13,  1883,  P.  L.  98. 

Section  9.  This  jurisdiction  shall  be  exercised  only  upon  the  petition 
of  the  borough  authorities,  of  one  or  the  other  of  the  said  boroughs, 
or  upon  the  petition  of  the  said  owner;  and  the  expenses  and  cost 
thereof  shall  be  paid  by  the  petitioner,  nor  shall  such  change  be  made 
without  the  written  consent  of  all  the  said  parties,  who  may  not  be 
petitioners,  being  first  filed  of  record. 

Section  2,  Act  of  June  13,  1883,  P.  L.  98. 


CHAPTER  III. 
ARTICLE  III. 

WARDS. 

Section  1.  The  several  courts  of  quarter  sessions  shall  have  au- 
thority, within  their  respective  counties,  to  divide  boroughs  into 
wards,  to  divide  any  ward  already  erected  into  two  or  more  wards, 

23 


to  alter  the  lines  of  any  two  or  more  adjoining  wards,  so  as  to  suit 
the  convenience  of  the  inhabitants  thereof,  and  to*cause  the  lines  or 
boundaries  to  be  ascertained  and  established. 

Section  1,  May  14,  1874,  P.  L.  159. 

Section  2.  The  several  courts  of  quarter  sessions  shall  have  author- 
ity, within  their  respective  counties,  to  divide  boroughs  into  wards, 
by  erecting  two  or  more  wards,  or  parts  of  two  or  more  wards,  into 
one  ward,  so  as  to  suit  the  convenience  of  the  inhabitants  thereof. 

Section  1,  Act  of  Mar.  24,  1877,  P.  L.  47. 

Section  3.  Upon  application  by  petition  of  at  least  twenty  free- 
holders, resident  in  the  borough  or  Avard.  to  a  court  of  quarter  ses- 
sions, for  the  purpose  set  forth  in  Sections  One  and  Two  of  this  article, 
the  said  court  shall  appoint  three  impartial  men  to  inquire  into  the 
propriety  of  granting  the  prayer  of  the  petition;  and  it  shall  be  the 
duty  of  the  commissioners  so  appointed,  or  any  two  of  them,  to  make 
a  plot  or  draft  of  the  borough  or  wards  proposed  to  be  divided,  of  the 
proposed  new  wards  and  the  division  lines  proposed  to  be  made  there- 
on, or  of  the  lines  proposed  to  be  altered  of  two  or  more  adjoining 
wards,  or  of  the  lines  proposed  to  be  ascertained  and  established, 
as  the  case  may  be,  if  the  same  cannot  be  fully  designated  by  natur- 
al lines  or  boundaries;  all  which  they,  or  any  two  of  them,  shall 
report  to  the  next  court  of.  quarter  sessions,  together  with  their 
opinion  of  the  same. 

Section  2,  Act  of  May  14,  1874,  P.  L.  159. 

Section  4.  When  a  report  has  been  made  by  said  commissioners, 
it  shall  be  confirmed  nisi  by  said  court,  which  confirmation  shall 
become  absolute,  unless  exceptions  be  filed  to  the  same,  not  later  than 
the  third  day  of  the  next  term  of  said  court;  and  should  exceptions 
be  filed,  as  aforesaid,  they  shall  be  disposed  of  on  evidence,  as  said 
court  shall  deem  just :  Provided,  That  if  desired,  a  review  may  be  had, 
if,  in  the  opinion  of  the  court,  it  may  be  necessary  to  secure  a  fair 
adjudication  of  the  same ;  said  review  to  be  asked  for  before  the  report 
has  been  confirmed  absolutely,  however. 

Section  3,  Act  of  May  14,  1874,  P.  L.  159. 

Section  5.  The  pay  of  commissioners  appointed  to  divide  boroughs 
into  wards,  in  the  several  courts  of  this  Commonwealth,  shall  be 
three  dollars  ($3.00),  and  the  pay  of  surveyors  or  artists,  for  that  pur- 
pose, shall  be  five  dollars  ($5.00)  for  each  day  necessarily  employed 
in  the  duties  of  their  office,  and  five  cents  per  mile  for  each  mile 
necessarily  traveled  in  the  discharge  of  their  duties.  And  the  same 
shall  be  paid  by  the  proper  county  in  all  cases,  at  the  time  of  the  ses- 
sion or  term  of  court  to  which  their  report  is  rendered  and  filed,  and 

24 


the  petitioners  asking  for  their  appointment  shall  pay  the  same 
amount  into  the  county  treasury  in  all  such  cases  as  the  court  by 
order  may  direct;  and  the  court  shall  require  said  petitioners  to  file 
a  bond,  together  with  their  petition,  in  a  sufficient  sum  to  secure  the 
payment  of  the  same,  when  the  same  is  concluded. 

Section  1,  Act  of  April  4,  1907,  P.  L.  44. 

Section  6.  The  councils  of  any  incorporated  boroughs  of  this 
Commonwealth  shall  have  the  power  to  change  by  ordinance,  the 
name  or  names  of  any  ward  or  wards  to  a  number  or  numbers,  or  to 
change  the  number  or  numbers  of  any  ward  or  wards  to  name  or 
names:  Provided,  That  no  such  ordinance  shall  go  into  force  and 
effect  until  a  certified  copy  thereof  be  filed  with  the  clerk  of  the  court 
of  quarter  sessions  of  the  proper  county. 

Section  1,  Act  of  June  24,  1895,  P.  L.  241. 

Section  7.  Such  borough  officers  as  may  be  in  office  at  the  time  of 
the  division  of  any  such  borough  into  wards  as  aforesaid,  shall  re- 
main in  office  until  the  "expiration  of  the  terms  for  which  they  may 
have  been  elected ;  and  in  case  any  vacancy  shall  occur,  the  same  may 
be  filled  by  appointment  of  the  court  of  quarter  sessions  of  the  proper 
county,  until  the  first  Monday  of  January  next  succeeding  the  elec- 
tion at  which  such  officers  are  elected  as  provided  in  chapter  8, 
article  1. 


(COMP.) 
CHAPTER  IV. 


ADJUSTMENT  OF  INDEBTEDNESS. 
ARTICLE  I. 

(a)    WHEN  INCORPORATED  FROM  A  TOWNSHIP. 

Section  1.  Every  borough  incorporated  from  within  a  township  or 
townships,  shall  be  a  distinct  district  separate  therefrom,  but  shall 
pay  just  proportion  of  the  indebtedness  of  such  township  or  town- 
ships for  the  repairs  of  roads  existing  at  the  time  of  its  incorporation. 

Section  24,  Act  of  April  3,  1851,  P.  L.  320. 

25 


Section  2.  Every  borough  which  has  been  or  may  hereafter  be 
erected  out  of  any  township,  or  parts  of  adjoining  ^townships,  shall 
share,  in  just  proportion  in  the  rights  and  liabilities  of  said  town- 
ship or  townships,  existing  at  the  time  of  its  incorporation;  the 
proportion  of  each  borough  to  be  ascertained  by  reference  to  the 
assessment  of  said  township  or  townships  for  the  year  in  which 
such  borough  was  incorporated;  and  in  all  pending  actions  by  or 
against  said  township  or  townships,  and  in  all  actions  thereafter 
brought  by  or  against  the  same,  the  borough  or  boroughs  liable  or 
entitled  shall,  by  rule  of  court,  be  made  co-parties,  plaintiff  or  de- 
fendant, as  the  case  may  be. 

Section  1,  Act  of  June  12,  1878,  P.  L.  184. 

Section  3.  Whenever  any  township  has  been  or  may  hereafter  be 
entirely  merged  into  more  than  one  borough,  and  the  township  shall 
thereby  have  ceased  to  exist,  the  rights  and  liabilities  of  said  town- 
ship shall  devolve,  in  just  proportion,  upon  the  said  several  boroughs, 
but  no  borough  shall  be  entitled  or  liable,  except  as  to  such  rights 
and  liabilities  as  existed  at  the  time  of  its  incorporation;  and  the 
proportion  of  each  borough,  shall  be  ascertained  in  like  manner  as 
prescribed  in  the  second  section  of  this  article;  and  in  all  actions 
pending  by  or  against  said  township,  the  borough  or  boroughs  en- 
titled or  liable  shall,  by  rule  of  court,  be  substituted  instead  of  said 
township;  and  in  all  actions  thereafter  brought  on  matters  in  behalf 
of  or  against  said  township,  the  borough  or  boroughs  entitled  or 
liable,  shall  be  the  proper  parties  to  prosecute  or  defend  the  same, 
as  the  case  may  be. 

Section  2,  Act  of  June  12,  1878,  P.  L.  184. 

Section  4.  Whenever  any  borough  has  been  or  may  hereafter  be 
erected,  or  whenever  any  township  has  been  or  may  hereafter  be 
entirely  merged  into  more  than  one  borough,  the  court  of  common 
pleas  of  the  proper  county,  sitting  in  equity,  shall  have  power,  upon 
the  application  of  any  one  or  more  creditors  of  said  township  or 
townships,  or  upon  the  application  of  the  proper  authorities  of  any 
said  township  or  townships,  borough  or  boroughs,  or  either  of  them, 
by  a  suit  or  suits  in  equity,  to  ascertain  the  indebtedness  of  said 
township  or  townships,  including  judgments  against  the  same,  at 
the  time  of  incorporation  of  each  of  said  boroughs,  respectively, 
and  to  equitably  adjust  and  apportion  said  indebtedness  between 
said  township  or  townships  and  borough  or  boroughs,  and  between 
the  several  boroughs  into  which  any  township  shall  have  become 
merged,  and  shall  thereupon  decree  the  proportion  of  said  indebted- 
ness which  each  township  and  borough  shall  pay;  in  making  said 
adjustment,  as  applied  to  each  of  said  boroughs,  reference  shall  be 
had  to  the  time  of  incorporation  of  such  borough,  and  to  the  debts 
then  existing,  whether  since  paid  or  not,  and  also  to  the  several 

26 


amounts  of  township  taxes  then  unexpended;  and  the  said  adjust- 
ment shall  be  based  upon  the  assessment  of  said  township  or  town- 
ships, for  the  year  in  which  such  borough  was  incorporated.  In  ascer- 
taining said  indebtedness  neither  pending  actions  nor  claims  against 
said  township  or  townships  founded  on  tort,  shall  be  included,  unless 
the  same  shall  in  the  meantime  have  been  prosecuted  to  final  judgment. 

Section  3,  Act  of  June  12,  1878,  P.  L.  184. 

Section  5.  Three  months'  public  notice  shall  be  given  under  the 
order  of  said  court  to  all  persons  having  claims  against  said  town- 
ship or  townships,  excepting  claims  in  pending  actions  and  claims 
founded  on  tort  as  aforesaid,  to  present  the  same,  on  or  before  the 
day  therein  named;  and  all  persons  not  presenting  their  said  claims 
on  or  before  the  said  day,  shall  be  forever  debarred  from  enforcing 
collection  of  the  same;  said  notice  to  be  published  in  not  less  than 
two  newspapers  of  the  proper  county,  if  there  are  so  many  printed 
in  said  county,  or  if  there  be  but  one  newspaper  printed  therein, 
then  said  notice  shall  be  printed  in  the  same,  and  shall  be  published 
in  any  other  manner  directed  by  said  court. 

Section  4,  Act  of  June  12,  1878,  P.  L.  184. 

Section  6.  The  said  court  shall  have  power  to  make  all  needful 
rules,  orders  and  decrees  in  the  premises,  and  for  the  collection 
and  payment  by  said  borough  or  boroughs,  of  the  share  of  said  in- 
debtedness respectively  apportioned  to  them,  and  may  order  the 
proper  officers  of  any  said  borough  or  boroughs  to  collect  by  special 
taxation  an  amount  sufficient  to  pay  the  same  either  in  any  one  year, 
or  by  annual  instalments,  as  to  the  court  shall  appear  just  and  rea- 
sonable. 

Section  5,  Act  of  June  12,  1878,  P.  L.  184. 

Section  7.  The  said  court  shall  have  power  to  appoint  a  receiver, 
to  whom  the  money  due  from  each  township  and  borough  for  the 
purpose  aforesaid  shall  be  paid,  and  it  shall  be  his  duty  to  pay  over 
the  amount  so  received  by  him  to  $ie  holders  of  said  township  in- 
debtedness, in  such  order  or  in  such  proportions  as  the  court  shall 
direct;  and  in  case  of  any  special  taxation  in  any  said  township  or 
borough,  or  in  all  of  them,  being  ordered  as  aforesaid,  the  collector 
of  said  special  tax  shall  pay  the  same  directly  to  said  receiver. 

Section  6,  Act  of  June  12,  1878,  P.  L.  184. 

Section  8.  Each  borough,  in  any  of  the  cases  aforesaid,  shall  be 
credited  with  the  proper  share  of  such  indebtedness  due  to  said 
township  or  townships  at  the  time  of  incorporation  of  such  borough, 
as  shall  have  since  been  collected,  and  shall  likewise  be  credited  with 
its  proper  share  of  any  unappropriated  balance  in  the  treasury  of 

27 


said  township  or  townships,  at  the  end  of  the  current  year  during 
which  such  borough  shall  have  been  incorporated;  and  the  said 
court  shall  have  like  power  to  equitably  adjust  and  apportion  the 
same. 

Section  7,  Act  of  June  12,  1878,  P.  L.  184. 

Section  9.  The  costs  of  said  proceedings  shall  be  paid  by  the  said 
several  towrnships  and  boroughs,  in  such  proportions  as  the  said 
court  shall  adjudge;  and  the  orders  and  decrees  of  the  said  court  in 
such  proceedings  may  be  enforced  by  attachment. 

Section  8,  Act  of  June  12,  1878,  P.  L.  184. 

Section  10.  Whenever  any  township  has  been  or  shall  hereafter 
be  changed  or  merged  into  one  borough,  the  said  borough  shall  suc- 
ceed to  all  the  rights  and  liabilities  of  said  township;  and  in  all 
actions  pending  by  or  against  said  township,  the  said  borough  shall 
be  substituted  as  party  instead  of  said  township;  and  in  all  actions 
thereafter  brought  for  matters  in  behalf  of  or  against  said  township, 
the  said  borough  shall  be  the  party  plaintiff  or  defendant,  as  the 
case  may  be,  instead  of  said  township. 

Section  9,  Act  of  June  12,  1878,  P.  L.  184. 

(b)   WHEN  BOKOUGHS  APvE   PtE-ESTABLISHED. 

Section  11.  Whenever  any  borough  shall  be  erected  from  a  city  of 
the  third  class  formed  by  joining  together  two  or  more  boroughs 
as  provided  in  Chapter  2,  Article  3,  of  this  act,  the  court  of  common 
pleas  shall  immediately  appoint  an  auditor,  whose  duty  it  shall  be 
to  inquire  into,  and  ascertain  as  nearly  as  possible  the  entire  indebt- 
edness existing  and  owing  on  the  part  of  such  city  from  which 
territory  has  been  set  oft'  and  erected  into  a  borough ;  he  shall  likewise 
take  into  account,  and  embrace  in  a  report  to  be  made  by  him  to  the 
said  court,  the  cost  of  the  public  buildings,  and  all  property  owned,  in 
whole  or  in  part,  by  such  city,  purchased  at  the  general  expense 
of  the  same,  and  show  therein  How  much  of  said  indebtedness  would 
be  the  proportionate  share  of  such  debt,  properly  and  justly  charge- 
able to  the  inhabitants  and  property  embraced  in  the  territory  so 
set  off  from  such  city,  after  reasonable  and  proper  allowance  for  a 
proportionate  credit  for  the  value  of  the  property  owned  and  pur- 
chased by  said  city  prior  to  the  establishment  of  a  borough  in  pursu- 
ance of  this  act. 

Section  3,  Act  of  April  18,  1877,  P.  L.  55. 

Section  12.  Should  there  be  any  indebtedness  remaining  which 
would  be  justly  chargeable  to  the  borough  erected  out  of  territory 
formerly  a  part  of  any  city  of  the  third  class,  as  provided  in  this 

28 


act,  then  the  authorities  of  such  borough  are  hereby  required  to  issue 
and  deliver  to  Hie  proper  authorities  of  such  city,  interest-bearing 
bonds,  payable1  on  the  part  of  said  borough  only  in  liquidation  of 
so  much  as  may  be  the  ascertained  proportionate  share  of  such  debt 
as  was  owing  on  the  part  of  such  city,  at  the  time  of  the  court's 
decree  declaring  a  borough  as  herein  provided. 

Section  4,  Act  of  April  18,  1877,  P.  L.  55. 


(c)WHEN  LIMITS  ARE  CHANGED  AND  BOEOUGHS  DIVIDED. 

Section  13.  Whenever  proceedings  shall  be  commenced  in  any  court 
of  this  Commonwealth  for  the  purpose  of  changing  the  limits  of  any 
borough,  by  annexing  thereto  any  adjacent  tracts  of  land,  or  detach- 
ing therefrom  any  territory  included  therein  as  provided  in  Chap- 
ter 3,  Article  1,  Sections  1,  2,  3,  4,  5,  6,  and  7,  or  for  the  purpose  of 
changing  the  limits  of  any  borough  by  annexing  thereto  any  adjacent 
tracts  of  land  as  provided  in  Chapter  3,  Article  1,  Sections  8,  9  and  10, 
or  in  the  case  of  the  division  of  boroughs  as  provided  in  Chapter  2, 
Article  4,  of  this  act,  and  the  same  shall  have  been  approved  by  the 
grand  jury  to  which  the  application  shall  have  been  submitted  in  all 
cases  where  such  approval  is  required,  it  shall  be  the  duty  of  said 
court,  before  entering  the  decree  confirming  the  same,  to  appoint  an 
auditor,  who  shall  ascertain  the  existing  liabilities  of  the  several 
boroughs,  townships  and  school  districts,  which  may  be  affected  by 
the  said  change  of  limits,  the  amount  and  value  of  the  property  owned 
by  each,  and  the  amount  and  value  of  the  property  passing  to  or  from 
each  borough,  township  or  school  district,  and  the  assessed  valuation 
of  all  property  liable  to  taxation  for  borough,  township  or  school 
purposes,  as  shown  by  the  last  annual  assessment  in  each  of  said 
boroughs,  townships  and  school  districts  and  within  the  limits  of  the 
part  annexed  to  or  detached  from  said  borough,  and  shall  report 
the  same  to  said  court,  with  the  form  of  a  decree  adjusting  the  lia- 
bilities for  all  indebtedness  and  the  value  of  property  held  or  ac- 
quired by  each  justly  and  equitably  upon  said  borough,  township  and 
school  district,  respectively;  and  said  court  shall  be  authorized  to 
direct  the  amounts  that  shall  be  paid  one  to  the  other,  and  the  time 
and  mode  of  payment,  and,  if  necessary  to  a  proper  and  just  ad- 
justment of  the  same,  may  order  and  direct  a  special  tax  to  be 
levied  upon  the  property  so  annexed  to  or  detached  from  said  bor- 
ough for  the  payment  of  so  much  of  the  indebtedness  as  may  be  award- 
ed against  it,  and  direct  how  the  same  shall  be  assessed  and  collected. 

Section  1,  Act  of  June  1,  1887,  P.  L.  285.     See  Sharon  Hill 
Boro,  140  Pa.  250. 


29 


Section  14.  Said  court  shall,  at  the  time  of  making  such  appoint- 
ment of  an  auditor,  direct  notice  to  be  given  of  the^time  and  place  of 
meeting  of  the  auditor  and  of  the  time  of  making  his  report  and  of 
the  hearing  thereon,  in  such  a  manner  and  for  such  time  as  it  may 
deem  necessary  and  proper  to  give  full  notice  to  all  parties  inter- 
ested, and  shall  make  such  other  and  further  orders  as  may,  to  it, 
seem  meet  and  proper. 

Section  2,  Act  of  June  1,  1887,  P.  L.  285. 

Section  15.  Upon  making  the  decree  hereinbefore  provided,  the 
same  shall  be  conclusive  upon  all  parties  interested,  and  the  said 
court  shall  have  power  to  enforce  the  same  by  appropriate  orders 
and  decrees,  and  by  attachment  of  all  public  officers  refusing  to  obey 
the  same,  and  to  punish  such  disobedience,  by  fine  and  imprisonment, 
or  either,  at  the  discretion  of  the  court. 

Section  3,  Act  of  June  1,  1887,  P.  L.  285. 

(d)  WHEN  THE  TERRITORY  IS  DETACHED  AND  ANNEXED 

TO  A  TOWNSHIP. 

Section  16.  Whenever,  under  the  provisions  of  Chapter  3,  Article 
1,  Sections  17,  18  and  19,  of  this  act,  the  court  shall  decree  the  altera- 
tion of  the  boundaries  of  any  township  or  borough,  the  court  shall  ap- 
point an  auditor,  who  shall  give  such  notice  as  the  court  shall  direct 
to  all  parties  in  interest;  and,  after  having  heard  the  same,  and  made 
such  investigation  as  may  be  necessary  therefor,  shall  report  to  the 
court  the  total  valuation  of  the  several  townships  or  boroughs  and 
school  districts  affected  by  the  alteration  decreed,  the  assessed  valua- 
tion of  such  portion  of  any  township,  borough,  or  school  district  as 
shall  by  said  alteration  be  cut  off  from  one  and  added  to  another 
township,  borough,  or  school  district,  and  also  the  amount  of  the  in- 
debtedness of  the  several  townships,  boroughs,  or  school  districts 
affected  by  such  alteration,  and  the  value  of  all  property  that  shall 
be  tranferred  by  reason  of  such  alteration  in  boundaries  from  one 
township,  borough  or  school  district  to  another;  and  shall  also  re- 
port a  form  of  decree,  making  such  an  adjustment  of  the  indebtedness 
and  property  of  the  several  townships,  boroughs,  and  school  dis- 
tricts as  shall  be  equitable  and  just,  which  report  and  decree  shall 
be  confirmed  nisi  by  the  court,  the  confirmation  to  become  absolute 
in  ten  days,  unless  exception  be  filed  thereto  or  an  appeal  to  be  taken 
by  some  of  the  parties  in  interest,  and  whenever  such  decree  shall 
become  final,  either  without  appeal  or  after  appeal,  the  court  shall 
enforce  the  same  in  such  manner  as  decrees  in  equity  are  enforced. 

Section  4,  Act  of  May  28,  1907,  P.  L.  264. 


30 


(e)  WHEN  TERRITORY  IS  DETACHED  BY  REASON  OF  NAT- 
URAL OR  ARTIFICIAL  OBSTRUCTIONS  OR  CAUSES. 

Section  17.  Whenever  under  the  provisions  of  Chapter  3,  Article  1, 
Sections  20  and  21,  of  this  act,  the  court  shall  decree  the  alteration 
of  the  boundaries  of  any  boiough,  the  court  shall  appoint  an  auditor, 
who  shall  give  such  notice  as  the  court  shall  direct  to  all  parties  in 
interest,  and,  after  having  heard  the  same  and  made  such  investiga- 
tion as  may  be  necessary  therefor,  shall  report  to  the  court  the  total 
valuation  of  the  several  townships  or  boroughs  and  school  districts 
affected  by  the  alteration  decreed,  the  assessed  valuation  of  such  por- 
tion of  any  borough  o:1  school  district  as  shall  by  said  alteration  be 
cut  off  from  one  and  added  to  another  township,  borough  or  school  dis- 
trict, and  also  the  amount  of  the  indebtedness  of  the  several  town- 
si  lips,  boroughs  or  school  districts  affected  by  such  alteration,  and 
the  value  of  all  property  that  shall  be  transferred  by  reason  of  such 
alteration  in  boundaries  from  one  borough  or  school  district  to 
another;  and  shall  also  report  a  form  of  decree,  making  such  an  ad- 
justment of  the  indebtedness  and  property  of  the  several  townships, 
boroughs  and  school  districts  as  shall  be  equitable  and  just,  which  re- 
port and  decree  shall  be  confirmed  nisi  by  the  court,  the  confirmation 
to  become  absolute  in  ten  days  unless  exception  be  filed  thereto  or  an 
appeal  be  taken  by  some  of  the  parties  in  interest;  and  whenever  such 
decree  shall  become  final,  either  without  appeal  or  after  appeal,  the 
court  shall  enforce  the  same  in  such  manner  as  decrees  in  equity  are 
enforced. 

Section  3,  Act  of  May  11,  1901,  P.  L.  177. 


CHAPTER  V. 


GENERAL  POWERS. 


ARTICLE  I. 

Section  1.     Every  borough  incorporated,  as  provided  in  Chapter 
two  of  this  act,  shall  have  power: 

I.  To  have  succession  by  its  corporate  name  perpetually. 

II.  To  sue  and  be  sued,  to  complain  and  defend,  in  all  courts  of 
record,  and  elsewhere. 

III.  To  make  and  use  a  common  seal,  and  alter  the  same  at 
pleasure. 

Part  of  Section  1,  Act  of  April  3,  1851,  P.  L.  320. 

3— C  31 


IV.  To  hold,  purchase  and  convey  such  real  and  personal  estate 
as  the  purposes  of  the  borough  shall  require,  not  exceeding  the  yearly 
value  of  three  thousand  dollars. 

Part  of  Section  1,  Act  of  April  3,  1851,  P.  L.'  320,  and  Section  31, 
Act  of  April  3,  1851,  P.  L.  320. 

Section  2.  The  powers  of  the  borough  shall  be  vested  in  the  cor- 
porate officers  designated  in  Chapter  seven  of  this  act,  they  shall 
have  power: 

Draft  from  Section  2,  Act  of  April  3,  1851,  P.  L.  320. 

I. — To  regulate  the  roads,  streets,  lanes,  alleys,  common  sewers, 
public  squares,  common  grounds,  tootwalks,  pavements,  gutters,  cul- 
verts, and  drains,  and  the  heights,  grades,  widths,  slopes,  and  forms 
thereof,  and  they  shall  have  ali  other  needful  jurisdiction  over  the 
same;  and  they  shall  have  power  to  survey,  lay  out,  enact,  and  ordain 
tootwalks,  pavements,  gutters,  culverts,  and  drains  over  and  upon 
the  lands  abutting  on  and  along  the  sides  of  turnpikes,  roads,  and 
State  highways,  which  may  be  within  the  limits  of  said  boroughs; 
and,  with  the  consent  of  the  companies  owning  or  controlling  such 
turnpike  roads,  or  with  the  consent  of  the  State  Highway  Commis- 
sioner controlling  said  State  highway,  on,  over,  and  upon  the  beds 
of  said  turnpike  roads  or  said  State  highways,  within  the  limits  of 
said  boroughs;  and  over  and  upon  lands  abutting  on  and  along  the 
side  or  sides  of  public  roads,  where  the  said  roads  are  outside  the 
limits  of  said  boroughs,  and  the  lands  over  and  upon  which  said 
sidewalks,  pavements,  gutters,  culverts,  and  drains  are  to  be  surveyed, 
laid  out,  enacted,  and  ordained  are  inside  the  limits  of  the  said  bor- 
oughs; and  to  fix  the  size  and  width  thereof,  and  to  require  the  grad- 
ing, curbing  and  guttering  theieof  by  the  owner  or  owners  of  the 
land,  respectively,  fronting  thereon,  in  accordance  with  the  general 
regulations  prescribed. 

Section  1,  Act  of  June  5,  1913,  P.  L.  411,  amending  Section  2, 
Clause  4,  Act  of  April  3,  1851,  P.  L.  320,  as  amended  by  the  Act  of 
May  22,  1883,  P.  L.  39,  and  May  24,  1901,  P.  L.  299. 

II.  To  prescribe  such  fees  as  they  may  deem  proper  for  the  ser- 
vices of  their  officers  in  the  adjustment  of  grades,  curbs,  lines  of 
streets  and  the  like,  and  to  enforce  the  payment  of  the  same. 

Part  of  Section  2,  Clause  23,  Act  of  April  3,  1851,  P.  L.  320. 

III.  To  establish  a  nightly  watch,  to  light  the  streets,  to  provide  a 
supply  of  water  for  the  use  of  the  inhabitants,  to  make  all  needful 


32 


regulations  for  the  protection  of  the  pipes,  lamps,  reservoirs  and 
other  const  met  ions  or  apparatus  and  prevent,  the  waste  of  water  so 
supplied. 

Section  2,  Clause  20.  Act  of  April  3,  1851,  P.  L.  320. 

IV.  To  construct  and  maintain  in  any  of  the  highways  within 
the  boroughs  limits,  comfort  and  waiting-stations  and  drinking  foun- 
tains, or  either,  for  the  convenience  of  the  traveling  public;  the  dam- 
ages that  may  accrue  to  abutting  properties  by  reason  of  the  con- 
struction of  the  aforesaid  improvements,  or  either  of  them,  to  be 
ascertained  and  collected  in  the  same  manner  as  provided  in  Chap- 
ter six,  Article  eight. 

Sections  1  and  2,  Act  of  June  27,  1913,  P.  L.  632. 

V.  To  erect  proper  and  suitable  watering  troughs  at  an  expense 
not  exceeding  twenty  dollars. 

Section  1,  Act  of  June  24,  1885,  P.  L.  168,  amending  Section  1, 
Act  of  April  28,  1876,  P.  L.  51. 


VI.  To  prohibit  and  remove  any  obstructions  in  the  highways  of 
the  borough,  and  any  nuisance  or  offensive^  matter,  whether  in  the 
highways  or  in  public  or  private  ground,  and  to  require  the  removal 
of  the  same  by  the  owner  or  occupier  of  such  grounds;  in  default 
of  which,  the  corporation  may  cause  the  same  to  be  done,  and  col- 
lect the  cost  thereof,  with  twenty  per  centum  advance  thereon,  in 
the  manner  provided,  in  Chapter  six,  .Article  twelve,  Sections  two 
and  three  of  this  act. 

Section  2,  Clause  13,  Act  of  April  3,  1851,  P.  L.  320. 

VII.  To    make    such    regulations    relative    to    accumulations   of 
manure,  compost  and  the  like  in  barns,  stable-yards  and  other  places, 
and  to  prohibit  the  keeping  of  hogs  within  the  borough,  or  within 
such  limits  within  the  same  as  they  may  prescribe. 

Section  2,  Clause  15,  Act  of  April  3,  1851,  P.  L.  320. 

VIII.  To   make  all  needful  regulations  respecting  vaults,   cess- 
pools and  drains. 

Part  of  Section  2,  Clause  7,  Act  of  April  3,  1851,  P.  L.  320. 

IX.  To  prohibit  accumulations  of  garbage  or  rubbish  upon  pri- 
vate properties  within  their  respective  limits,  and  to  prescribe  penal- 
ties for  the  violation  thereof. 

Section  1,  Act  of  June  5,  1913,  P.  L.  434,  No.  286. 

X.  To  make  all  needful  rules  and  regulations  for  the  care  and 
removal  of  garbage  and  other  refuse  material,  including  the  impo- 

33 


sition  and  collection  of  reasonable  fees  and  charges  therefor,  and  to 
provide  fines  and  penalties  for  the  violation  of  sucfo  rules  and  regu- 
lations. 

Section  2,  Act  of  May  25,  1907,  P.  L.  230. 

XI.  To  erect,  operate,  and  maintain  garbage  plants,  or  to  pro- 
vide other  means  for  the  collection,  destruction,  or  removal  of  garb- 
age and  other  refuse  material;  and  to  provide  for  the  payment  of  the 
cost  and  expense  thereof,  either  in  whole  or  in  part,  out  of  the 
funds  of  the  borough. 

Section  1,  Act  of  May  25,  1907,  P.  L.  230. 

XII.  To   prohibit  within   the  borough   the  carrying  on  of  any 
manufacture,  art,  trade  or  business  which  may  be  noxious  or  offen- 
sive to  the  inhabitants. 

Part  of  Section  2,  Clause  14,  Act  of  April  3, 1851,  P.  L.  320. 

XIII.  To  make  such  other  regulations  as  may  be  necessary  for 
the  health  and  cleanliness  of  the  borough. 

Section  2,  Clause  17,  Act  of  April  3,  1851,  P.  L.  320. 

XIV.  To  make  regulations  relative  to  the  cause  and  management 
of  fires,  and  within  such  limits  within  the  borough  as  they  may 
deem  proper  to  prescribe;  and  to  authorize  the  borough  authorities 
to  appropriate  money  for  the  purchase  of  fire-engines  for  the  use 
of  said  borough,  and  to  fire  companies. 

Section  2,  Clause  18,  Act  of  April  3,  1851,  P.  L.  320. 

XV.  To  pass  such  ordinance  as  may  be  necessary  to  regulate  and 
prevent  the  erection  of  any  wooden  dwelling  houses,  shops,  ware- 
houses,   stores,   carriage-houses,    stables,    or   other   frame   tenement 
within  the  limit  of  the  respective  boroughs. 

Section  1,  Act  of  May  23,  1907,  P.  L.  203. 

XVI.  To  establish  general  regulations  for  the   construction  of 
new  buildings  and  the  repair  of  old  ones ;  and  to  require  that,  before 
work  begins,  municipal  approval  of  plans  and  specifications  there- 
for be  secured;  and  to  provide  for  inspection  of  such  construction 
and  repair,  including  the  appointment  of  one  or  more  building  in- 
spectors; to  prescribe  limits  wherein  none  but  buildings  of  incom- 
bustible materials  and  fire-proof  roofs  shall  be  erected  or  substan- 
tially reconstructed  or  removed  thereinto;  and  to  provide  penalties 
for  violation  of  such  ordinance  and  building  regulations.    Any  build- 
ing erected,  reconstructed,  or  removed,  contrary  to  the  provisions 
of  any  ordinance  passed  for  any  of  the  purposes  specified  in  this 
clause  is  declared  to  be  a  public  nuisance,  and  abatable  as  such. 

Section  1,  Act  of  May  8,  1907,  P.  L.  184,  No.  147. 

34 


XVII.  To   piohibit   the   maniifactuie,   sale   or   exposure  of   fire- 
works or  other  inflammable  or  dangerous  articles,  and  to  limit  and 
prescribe  the  quantities  that  may  be  kept  in  one  place  of  gunpowder, 
fire-works,    uirj  on  tine  and  other  inflammable  articles,   and  to  pre- 
scribe such  other  safeguards  as  may  be  necessary. 

Part  of  Section  2,  Clause  14,  Act  of  April  3,  1851,  P.  L.  320. 

XVIII.  To  make  all  needful  regulations  respecting  the  founda- 
tions and  party-walls  of  buildings,  and  partition  fences. 

Section  2,  Clause  7,  Act  of  April  3,  1851,  P.  L.  320. 

XIX.  To  prescribe  such  fees  as  they  may  deem  proper  for  the 
services  of  their  officers  in  the  adjustment  of  the  party -walls,  parti- 
tion fences  and  the  like,  and  to  enforce  the  payment  of  the  same. 

Section  2,  Clause  23,  Act  of  April  3,  1851,  P.  L.  320. 

XX.  To~  regulate,  license  or  prohibit  theatrical  exhibitions,  con- 
certs, ciicuses,  shows,  mountebanks  and  jugglers,  and  all  other  ex- 
hibitions, within  the  limits  of  the  borough,  and  for  the  purpose  of 
(•jurying  the  same  into  effect,  to  pass  such  ordinances  or  by-laws  as 
may  be  necessary  for  that  purpose,  and  also  to  impose  fines,  to  be 
collected  by  an  action  of  debt,  or  penalties,  to  be  enforced  by  sum- 
mary conviction,  as  for  a  breach  of  the  peace,  before  any  alderman, 
magistrate  or  justice  of  the  peace  of  said  boroughs. 

Section  1  and  2,  Act  of  May  5,  1876,  P.  L.  112. 

XXI.  To   make  all  needful  regulations  respecting  markets  and 
market  days,   the  hawking  and  peddlings  of  market  produce  and 
othe;-  articles  in  the  borough. 

Part  of  Section  2,  Clause  11,  Act  of  April  3,  1851,  P.  L.  320. 

XXII.  To  regulate  annually  the  scales,  weights  and  measures 
within  the  borough,  according  to  the  standard  of  the  Commonwealth, 
ji-id  to  make  all  needful  regulations  for  the  inspection  and  measure- 
ment or  weight  of  cordwood,  hay,  coal  and  other  articles  sold  or 
oT tied  for  sale  in  the  borough. 

Part  of  Section  2,  Clause  11,  Act  of  "April  3,  1851,  P.  L.  320. 

XX1IT.  To  levy  and  collect  annually  a  tax  on  the  owners  of  dogs 
ami  bitches,  not  exceeding  one  dollar  on  the  owner  of  but  one  dog, 
or  two  dollars  on  the  owner  of  but  one  bitch,  and  to  levy  and  collect 
such  additional  tax  on  the  owners  of  more  than  one  dog  or  bitch, 
jiTid  in  such  ratio  of  increase,  as  they  may  deem  proper. 

Section  2,  Clause  25,  Act  of  April  3,  1851,  P.  L.  320. 


35 


XXJV.     To  authorize  and  direct  the  killing  of  dogs  running  at 
large  contrary  to  the  regulations  of  the  borough. 

Section  2,  Clause  10,  Act  of  April  3,  1851,  P.  L.  320. 

XXV.  To  prohibit  and  otherwise  regulate  the  running  at  large 
of  horses,  cattle,  sheep,  swine,  geese,  dogs,  and  other  animals,  and 
to  authorize  their  seizure  and  sale  tor  the  benefit  of  the  borough. 

Section  2,  Clause  9,  Act  of  April  3,  1851,  P.  L.  320. 

XXVI.  To  impose  fines  and  penalties,  incurring  partial  or  total 
forfeitures,  to  remit  the  same,  to  provide  or  erect  a  lock-up  house 
for  the  temporary  detention  of  persons  committed  by  the  proper 
corporate  officers,  or  by  justices  of  the  peace  within  the  borough. 

Section  2,  Clause  21,  Act  of  April  3,  1851,  P.  L.  320. 

XXVII.  To  display  the  flag  of  Pennsylvania,  or  the  flag  of  any 
county,  city,  borough,  or  other  municipality  in  the  State,  on  the 
public  buildings  of  the  borough. 

Drafted  from  Sections  1  and  2,  Act  of  June  5,  1913,  P.  L.  419. 


XXVIII.  To  enter  into  contracts  with  any  street  passenger  rail- 
way company,  surface,  elevated  or  underground,  or  motor  power  com- 
pany leasing  and  operating  the  franchise  and  property  of  such  com- 
pany within  the  limits  of  such  borough;  affecting,  fixing,  and  regu- 
lating the  franchises,  powers,  duties,  arid  liabilities  of  such  com- 
panies, and  the  regulations  and  respective  rights  of  the  contracting 
parties.     Such  contracts  may,  inter  alia,  provide  for  payments  by 
the  companies  to  the  borough,  in  lieu  of  the  performance  of  certain 
duties  or  the  payment  of  license  fees  or  charges  imposed  in  favor 
of  such  borough  by  the  charters  of  the  respective  companies  or  by 
any  general  law  or  ordinance,  for  the  appointment  by  the  borough  of 
a  certain  number  of  persons  to  act  as  directors  of  such  company, 
in  conjunction  with  the  directors  elected  by  the  stockholders  of  such 
company,  and,  further,  may  provide  for  the  ultimate  acquisition  by 
the  borough  upon  terms   mutually  satisfactory,  of  the  leaseholds, 
property  and  franchises  of  the  contracting  companies. 

Section  1,  Act  of  April  15,  1907,  P.  L.  80. 

XXIX.  To  take  by  right  of  eminent  domain  for  the  purpose  of 
•appropriating  to  themselves,  for  the  use  of  the  National  Guard  of 
Pennsylvania,  *uch  public  lands,  easements  and  public  property  as 
may  be  in  their  possession  or  control  and  used  or  held  by  them  for 
any  other  purpose.    Such  right,  however,  shall  not  be  exercised  as  to 
any  street  or  highway  or  wharf,  but  all  other  public  easements  and 
property  may  be  appropriated  and  used  for  the  purposes  herein  pro- 


vided,  any  limitation  of  the  use  thereof  by  the  borough  either  by 
donation,  dedication,  appropriation,  statute  or  otherwise,  to  the  con- 
trary no  I  with  standing. 

Section  1,  Act  of  June  26,  1895,  P.  L.  332,  No.  247. 

XXX.  To  provide  and  appropriate  moneys,  or  convey  land,  either 
independently  or  in  conjunction  with  any  county,  city,  town,  borough 
or  other  municipal  division  of  this  Commonwealth  to  the  Common- 
wealth of  Pennsylvania,  to  assist  the  Armory  Board  of  the  State  of 
Pennsylvania  in  the  erection,  wherever  deemed  most  advantageous 
by  the  said  Armory  Board  of  the  State  of  Pennsylvania,  of  armories 
for  the  use  of  the  National  Guard  of  Pennsylvania;  and  to  furnish 
water,  light,  or  fuel,  either  or  all,  fiee  01  cost  to  the  Commonwealth 
of  Pennsylvania,  for  use  in  any  armory  of  the  National  Guard;  and 
to  do  all  things  necessary  to  accomplish  the  purposes  of  this  clause. 

Section  1,  Act  of  March  15,  1909,  P.  L.  33,  No.  15. 

/ 

XXXI.  To   appropriate   moneys   for   the   expenses   of   Memorial 
Day  services,  and  to  pay  the  same  out  of  such  moneys  in  their  re-i 
spective  treasuries,  as  are  not  otherwise  appropriated,  in  the  manner 
appropriations  are  made  and  paid. 

Section  1,  Act  of  June  25,  1895,  P.  L.  298,  No.  216. 

XXXII.  To  appropriate  annually  to  each  camp  of  the  United 
Spanish  War  Veterans,  and  of  the  Army  of  the  Philippines,  and  to 
each  post  of  the  American  Veterans  of  Foreign  Service,  in  the  bor- 
oughs, a  sum  not  to  exceed  fifty  dollars  ($50.00),  to  aid  in  defraying 
the  expenses  of  Memorial  Day. 

Section  1,  Act  of  June  25,  1913,  P.  L.  550,  No.  352. 

XX'XIII.  To  make  and  are  hereby  required  to  appropriate  an- 
nually, to  each  post  in  the  borough,  a  sum,  not  to  exceed  fifty  dol- 
lars, to  aid  in  defraying  expenses  of  Memorial  Day. 

Section  1,  Act  of  June  9,  1911,  P.  L.  863,  amending  Section 
1,  Act  of  March  21,  1907,  P.  L.  22. 


CHAPTEK  VI. 


SPECIAL  POWERS. 


AKTICLE  I. 


EMINENT  DOMAIN. 

Section  1.  Boroughs  shall  have  power  to  enter  upon  the  lands 
and  premises  of  any  person  or  persons,  for  the  purposes  authorized 
by  this  act,  by  themselves  and  their  duly  appointed  officers  and 
agents. 

Section  2,  Clause  8,  Act  of  April  3,  1851,  P.  L.  320. 

Section  2.  Private  property  shall  not  be  taken  for  the  use  or  pur- 
pose of  the  borough,  without  the  consent  of  the  owners,  or  until 
just  compensation  shall  be  made  therefor,  according  to  the  pro- 
visions of  this  act. 

Section  27,  Clause  1,  Act  of  April  3,  1851,  P.  L.  320. 

Section  3.  No  borough  shall  exercise  the  right  of  eminent  domain 
as  against  the  land  now  occupied  by  any  building  which  was  used 
during  the  Colonial  or  Revolutionary  period  as  a  place  of  assembly 
by  the  Council  of  the  Colony  of  Pennsylvania,  or  by  the  Supreme 
Executive  Council  of  the  Commonwealth  of  Pennsylvania,  or  by  the 
Congress  of  the  United  States;  or  as  against  the  land  now  occupied 
by  any  fort,  redoubt,  or  blockhouse  erected  during  said  Colonial  or 
Revolutionary  period;  or  as  against  any  building  used  as  head- 
quarters by  the  Commander-in-chief  of  the  Continental  Army;  or  as 
against  the  site  of  any  such  building,  fort,  redoubt,  blockhouse  or 
headquarters,  which  said  building,  fort,  redoubt,  blockhouse  or  head- 
quarters, or  site  thereof,  is  now  or  shall  hereafter  be  preserved  for 
its  historic  memories  and  associations,  and  not  for  private  profit: 
Provided,  That  the  said  Colonial  and  ^Revolutionary  period,  as  ap- 
plied to  the  buildings,  forts,  redoubts,  blockhouses  or  headquarters,  or 
the  sites  thereof,  as  aforesaid,  shall  be  taken  as  ended  on  the  third 
day  of  September,  Anno  Domini,  one  thousand  seven  hundred  and 
eighty- three. 

Section  1,  Act  of  May  10,  1907,  P.  L.  196. 

Section  4.  Whenever  in  any  condemnation  proceeding  any  bor- 
ough has  tendered  a  bond  in  sufficient  sum  to  secure  the  owner  or 
lessee  for  damages,  and  the  same  has  been  accepted,  or,  if  the  accept- 
ance of  said  bond  has  been  refused,  and  the  same  has  been  filed  in 
and  approved  by  the  court,  such  borough  shall  have  the  right  to  im- 
mediate possession  thereof.  If  the  owner,  lessee,  or  occupier  shall 

38 


refuse  to  remove  his  personal  property  therefrom,  or  give  up  pos- 
session thereof,  the  borough  may  serve  written  notice  upon  such 
owner,  lessee,  or  his  agent,  or  the  occupier,  to  remove  his  personal 
property  therefrom,  and  give  up  possession  of  said  lands,  buildings 
or  other  property,  within  sixty  days  from  the  date  of  the  service  of 
said  notice. 

Section  1,  Act  of  June  7,  1907,  P.  L.  461. 

Section  5.  If  the  owner,  lessee,  or  occupier  of  said  lands,  build- 
ings or  other  property  shall  refuse  or  neglect  to  remove  his  personal 
property  therefrom  and  give  possession  thereof,  upon  proof  of  the 
service  of  the  notice,  specified  in  Section  four  of  this  article,  in  the 
office  of  the  piothonotary  for  the  county  in  which  said  lands,  build- 
ings or  other  property  is  located,  a  writ  of  habere  facias  posses- 
sioiiem  shall  forthwith  issue,  directing  the  sheriff  to  give  to  the  party 
entitled  thereto  full  and  peaceable  possession. 

Section  2,  Act  of  June  7,  1907,  P.  L.  461. 

Section  6.  Whenever  any  court  of  quarter  sessions  in  this  Com- 
monwealth shall  order  any  borough  to  enter  security  for  the  payment 
of  damages  for  the  taking  of  land  for  any  street,  road  or  highway, 
the  bond  of  the  said  borough  shall  be  taken  without  sureties. 

Section  1,  Act  of  May  23,  1891,  P.  L.  109,  No.  89. 

Section  7.  In  all  cases  of  the  appropriation  of  land  for  public 
use,  other  than  for  roads,  streets  or  highways,  it  shall  not  be  lawful 
to  assess,  apportion  or  charge  the  whole  or  any  portion  of  the  damage 
done  to  or  value  of  the  land  so  appropriated,  to,  among  or  against 
the  other  property  adjoining  or  in  the  vicinity  of  the  land  so  ap- 
propriated, nor  the  owners  thereof. 

Section  1,  Act  of  June  15,  1871,  P.  L.  391. 
See  Mill  Creek  Sewer,  196  Pa.  183. 

Section  8.  Viewers,  or  juries  of  view,  appointed  by  any  court  of 
this  Commonwealth  to  assess  the  damages  and  benefits,  due  to  the 
taking,  injury  or  destruction  of  private  property,  in  and  by  the 
construction  or  enlargement  of  any  public  work,  highway  or  improve- 
ment, shall  make  their  reports  within  a  time  which  said  court  shall 
fix  when  so  appointing  them:  Provided,  That  if  any  of  the  viewers, 
or  juries  of  view,  so  appointed,  shall  for  any  good  and  sufficient  rea- 
son appearing  to  the  court,  be  unable  to  file  its  report  within  the 
period  so  fixed,  the  said  court  may,  in  its  discretion,  either  before 
or  after  the  expiration  of  the  time  fixed,  extend  the  time  for  the  filing 
of  such  report  to  such  a  time  as  justice  and  the  circumstances  of  the 
case  may  demand. 

Act  of  March  18,  1903,  P.  L.  28. 


Section  9.  In  any  and  every  action-  brought  to  ascertain  or  re- 
cover damages  caused  to  any  owner  of  lands  by  reason  of  the  appro- 
priation of  a  right  of  way  or  easement  in  the  Ian3s  of  such  owner, 
by  any  borough  where  such  owner  of  lands  and  such  borough  can- 
not agree  upon  the  amount  of  damage  done  or  properly  payable  to 
said  owner  for  the  appropriation  of  a  right  of  way  or  easement  in 
said  lands,  the  parties  may,  by  agreement  with  each  other,  waive 
the  right  to  have  such  damages  assessed  as  is  now  required  by  law, 
and  such  owner  may  thereupon  file  his  statement  and  claim  in  the 
court  of  common  pleas  of  the  proper  county  and  rule  the  defendant 
to  plead  thereto  within  fifteen  days  from  notice  of  such  rule,  duly 
served  upon  said  corporation,  and  the  said  suit  shall  be  proceeded 
with  the  same  as  if  an  award  of  viewers  had  been  filed  and  an  appeal 
had  been  taken  therefrom. 

Section  1,  Act  of  May  1,  1895,  P.  L.  89. 

Section  10.  Either  party  to  such  action  as  is  referred  to  in  the 
preceding  section  shall  have  the  right  during  the  trial  of  such  action, 
on  motion  to  the  judge  presiding  at  such  trial,  to  demand  and  have 
the  jury  which  may  be  selected  to  try  said  cause,  visit  and  view  the 
premises  over  or  through  which  the  right  of  way  or  easement  men- 
tioned in  the  preceding  section  may  extend,  before  rendering  a  verdict 
in  such  case. 

Section  2,  Act  of  May  1,  1895,  P.  L.  89. 

Section  11.  In  all  ca/ses  of  damages  assessed  against  any  borough 
for  property  taken,  injured  or  destroyed  by  the  construction  or  en- 
largement of  their  works,  highways,  or  improvements,  whether  such 
assessment  shall  have  been  made  by  viewers  or  otherwise  than  upon 
a  trial  in  court,  and  an  appeal  is  not  provided  for,  an  appeal  may 
be  taken  by  either  party  to  the  court  of  common  pleas  of  the  proper 
county,  within  thirty  days  from  the  filing  of  a  report  thereof  in  court, 
and  not  afterwards. 

Section  1,  Act  of  June  13,  1874,  P.  L.  283. 

Philadelphia  Appeal,  163  Pa.  70. 

Bowers  v.  Braddock  Boro,  172  Pa.  596. 

Section  12.  Any  appeal  taken  pursuant  to  the  preceding  section 
shall  be  signed  by  the  party  or  parties  taking  the  same,  or  by  his 
or  their  agent  or  attorney,  and  shall  be  accompanied  by  an  affidavit 
of  the  party  appellant,  or  of  his  or  their  agent  or  attorney,  that  the 
same  is  not  taken  for  the  purpose  of  delay,  but  because  the  affiant 
firmly  believes  that  injustice  has  been  done. 

Section  2,  Act  of  June  13,  1874,  P.  L.  283. 
See  Vernon  Park,  Phila.  Appeal,  163  Pa.  70. 


40 


Section  13.  When  no  appeal  is  taken  in  accordance  with  the  pro- 
visions of  Sections  eleven  and  twelve  of  this  article,  and  judgment 
is  entered  in  accordance  with  law,  and  the  party  to  whom  has  been 
awarded  damages  declines  and  refuses  to  accept  payment  of  said 
award  or  judgment,  then  it  shall  be  lawful  for  such  borough,  against 
whom  such  damages  have  been  assessed,  upon  proper  petition  to  the 
court  of  common  pleas  of  the  proper  county  in  which  said  award  or 
judgment  is  entered,  after  notice  by  rule  or  publication  ordered  by 
said  court,  to  pay  the  amount  of  said  award  and  cost  into  said  court, 
and  the  court  upon  such  payment,  to  order  and  direct  the  satis- 
faction of  said  award  or  judgment  by  the  proper  officer. 

Section  1,  Act  of  June  2,  1891,  P.  L.  172. 


(COMP.) 


CHAPTEE  VI. 


ARTICLE  II. 


CONDEMNATION  PROCEEDINGS  IN  COURTS  OF  COMMON 

PLEAS. 

Section  1.  All  boroughs  shall  have  power,  whenever  it  shall  be 
deemed  necessary  in  the  laying  out,  opening,  widening,  extending, 
grading  or  changing  grade  or  lines  of  streets,  lanes  or  alleys,  the  con- 
struction of  bridges  and  the  piers  and  abutments  therefor,  the  con- 
struction of  slopes,  embankments  and  sewers,  or  the  changing  of  water 
courses,  or  vacation  of  streets  or  alleys,  to  take,  use,  occupy  or  in- 
jure private  lands,  property  or  material. 

Section  1,  Act  of  June  12,  1893,  P.  L.  459,  amending  Section 
1,  Act  of  May  16,  1891,  P.  L.  75. 

Hand  v.  Fellows,  148  Pa.  456. 

Section  2.  In  case  the  compensation  for  the  damages  or  the  bene- 
fit s  accruing  therefrom  have  not  been  agreed  upon,  any  court  of  com- 
mon pleas  of  the  proper  county,  or  any  law  judge  thereof  in  vacation, 
on  application  thereto  by  petition  by  said  borough  or  any  person 
inte:es!ed,  shall  appoint  three  viewers  from  the  board  of  viewers  of 
I  lie  comity,  and  appoint  a  time  not  less  than  twenty  nor  more  than 
ihirly  days  thereafter  when  said  viewers  shall  meet  upon  the  line 

41 


of  the  improvement  and  view  the  same  and  the  premises  affected 
thereby.  The  said  viewers  shall  give  at  least  ten  days'  notice  of  the 
time  of  their  first  meeting  by  publication  in  one  or  more  newspapers 
of  the  county  in  which  said  borough  is  situate,  and  where  the  publi- 
cation is  in  more  than  one  newspaper,  one  of  said  newspapers  may  be 
in  the  German  language,  and  by  handbills  posted  upon  the  premises, 
or  otherwise,  as  the  said  court  shall  direct,  having  regard  to  the  cir- 
cumstances of  the  case. 

Section  1,  Act  of  June  12,  1893,  P.  L.  459,  amending  Section 

1,  Act  of  May  16,  1891,  P.  L.  75. 

Hand  v.  Fellows,  148  Pa.  456. 

Section  3.  The  said  viewers,  having  been  duly  sworn  or  affirmed 
faithfully,  justly  and  impartially  to  decide,  and  true  report  to  make 
concerning  all  matters  and  things  to  be  submitted  to  them,  and  in 
relation  to  which  they  are  authorized  to  inquire  in  pursuance  of  the 
provisions  of  the  preceding  sections  of  this  article,  and  having  viewed 
the  premises  or  examined  the  property,  shall  hear  all  parties  in- 
terested and  their  witnesses,  and  shall  estimate  and  determine  the 
damages  for  property  taken,  injured  or  destroyed,  to  whom  the  same 
is  payable;  and,  having  so  estimated  and  determined  the  damages, 
together  with  the  benefits  as  hereinafter  mentioned,  they  shall  pre- 
pare a  schedule  thereof,  and  give  notice  to  all  parties  to  whom  dam- 
ages are  allowed,  or  upon  whom  assessments  for  benefits  are  made, 
of  a  time,  not  less  than  ten  days  thereafter,  and  of  a  place  where 
said  viewers  will  meet  and  exhibit  said  schedule  and  hear  all  ex- 
ceptions thereto  and  evidence. 

Section  1,  Act  of  April  2,  1903,  P.  L.  124,  amending  Section 

2,  Act  of  May  16,  1891,  P.  L.  75. 

Section  4.  In  proceedings  to  assess  damages  and  benefits  arising 
from  improvements  had  under  this  article,  if  property  is  both  bene- 
fited and  damaged  by  such  improvements,  the  excess  of  damages  over 
benefits,  or  the  excess  of  benefits  over  damages,  or  nothing  in  case 
the  benefits  and  damages  are  equal,  shall  be  awarded  to  or  assessed 
against  the  several  owners  of  property  affected  thereby.  This  section 
shall  not  prevent  said  viewers,  if  they  so  desire,  from  making  a 
separate  report  of  the  damages  and  benefits,  respectively;  but,  in 
the  event  of  their  making  such  separate  report,  if  the  damages  to 
the  property  of  any  person  be  greater  than  the  benefits  received,  or 
if  the  benefits  be  greater  than  the  damages,  or  if  the  damages  and 
benefits  be  equal,  in  either  case  they  shall  strike  a  balance  and  carry 
the  difference  forward  to  another  column,  so  that  the  assessment 
shall  show  what  amount,  if  any,  is  to  be  received  or  paid  by  the 
property  owner,  and  the  difference  only,  shall,  in  any  case  be  col- 


42 


lectible  of  such  property  owner  or  paid  to  such  property  owner. 
Appeals  JHM  rafter  taken  from  the  report  of  the  Board  of  Viewers 
shall  be  from  such  net  amount  only. 

Act  of  May  15,  1913,  P.  L.  215. 

Section  5.  Notice  of  the  time  and  place  of  said  meeting  shall 
be  given,  in  the  manner  provided  by  law  for  the  service  of  a  suinj 
mons  in  a  peisonal  action,  upon  all  parties  allowed  damages  or  as- 
sessed benefits,  as  shown  by  said  schedule,  if  the  said  parties  can  be 
found  in  the  borough,  or  upon  an  adult  person  residing  upon  the 
property  affected  by  the  assessment  in  case  the  owner  or  reputed 
owner  cannot  be  found,  and  to  all  others  by  publication  in  the  news- 
paper or  newspapers  in  which  the  first  notices  of  said  view  were 
published.  When  no  service  is  made  upon  the  owner,  reputed  owner, 
or  upon  an  adult  person  residing  upon  the  property  affected,  said 
notice,  where  publication  thereof  has  also  been  made,  shall  be  deemed 
to  have  been  properly  served  if  tacked  or  conspicuously  posted  on 
the  premises.  Councils,  by  ordinance,  may  provide  by  whom  the 
notice  provided  by  this  act  shall  be  posted,  given,  and  served,  and  fix 
the  compensation  for  said  service. 

Section  1,  Act  of  April  2,  1903,  P.  L.  124,  amending  Section 
2,  Act  of  May  16,  1891,  P.  L.  75. 

Section  6.  After  making  whatever  changes  are  deemed  necessary, 
the  said  viewers  shall  make  report  to  the  court,  showing  the  damages 
and  benefits  allowed  and  assessed  in  each  case,  and  file  therewith 
a  plan,  showing  the  improvement,  the  properties  taken,  injured  or 
destroyed,  and  the  properties  benefited  thereby.  When  said  report 
is  filed,  notice  thereof  shall  be  given  by  publication  once  in  the  news- 
paper or  newspaper  publishing  the  notice  provided  for  in  Section  two 
of  this  article.  Said  notice  shall  state  the  date  of  filing  of  the  re- 
port, and  shall  contain  a  schedule  of  the  damages  and  benefits  as 
shown  therein;  and  shall  further  state  that  unless  exceptions  thereto 
be  filed  within  thirty  days  from  the  date  of  filing,  the  said  report 
will  be  confirmed  absolutely. 

Section  1,  Act  of  April  2,  1903,  P.  L.  124,  amending  Section 
2,  Act  of  May  16,  1891,  P.  L.  75. 

Section  7.  The  payment  of  damages  sustained  by  the  making  of 
the  improvements  aforesaid,  may  be  made,  either  in  whole  or  in  part, 
by  the  borough,  or  in  whole  or  in  part  by  assessments  upon  the 
property  benefited  by  such  improvements,  as  said  viewers  may  deter- 
mine and  the  court  approve,  and  in  the  latter  case  the  viewers  ap- 
pointed to  assess  damages,  having  first  estimated  and  determined  the 
same  apart  from  benefits,  shall  also  assess  the  total  cost  of  the  im- 
provement or  so  much  thereof  as  they  may  deem  just  and  reasonable, 

43 


upon  the  properties  peculiarly  benefited  by  the  improvement,  in- 
cluding in  the  said  assessment  all  properties  for  whteh  damages  have 
been  allowed,  if,  in  their  judgment,  such  properties  will  be  benefited 
thereby,  and  shall  report  the  same  to  the  said  court.  The  total  as- 
sessments for  benefits  shall  not  exceed  the  total  damages  awarded 
or  agreed  upon. 

Section  3,  Act  of  May  16,  1891,  P.  L.  75. 

Howell  v.  Morrisville  Borough,  212  Pa.  349. 

In  Ke  Petition  of  the  city  of  New  Castle,  16  Pa.  C.  C.  478. 

Section  8.  The  viewers  provided  for  in  the  foregoing  sections 
may  be  appointed  before  or  at  any  time  after  the  entry,  taking  ap- 
propriation or  injury  of  any  property  or  materials  for  constructing 
said  improvements.  The  cost  of  the  viewers,  and  all  court  costs  in- 
curred in  the  proceedings  aforesaid,  shall  be  defrayed  by  the  said 
borough,  and  each  of  the  said  viewers  shall  be  entitled  to  a  sum 
not  exceeding  five  dollars  per  day  for  every  day  necessarily  employed 
in  performance  of  the  duties  herein  prescribed. 

Section  4,  Act  of  May  16,  1891,  P.  L.  75. 

Section  9.  In  all  cases  where  the  parties  have  not  agreed  upon 
the  amount  of  damages  claimed,  or  where,  by  reason  of  the  absence 
or  legal  incapacity  of  the  owner  or  owners,  no  such  agreement  can 
be  made  for  the  lands,  property  or  materials  to  be  taken,  occupied 
or  injured,  the  borough  may  tender  sufficient  security  to  the  party 
claiming  or  entitled  to  any  damages,  or  to  the  attorney  or  agent 
of  any  person  absent,  or  to  the  agent  or  other  officers  of  a  corpora- 
tion, or  to  the  guardian  or  committee  of  any  one  under  legal  inca- 
pacity, the  condition  of  which  shall  be  that  the  said  borough  shall 
pay  or  cause  to  be  paid,  such  amount  of  damages  as  the  party  shall 
be  entitled  to  receive,  after  the  same  shall  have  been  agreed  upon  by 
the  parties,  or  assessed  in  the  manner  provided  for  by  this  act.  In 
case  the  party  or  parties  claiming  damages  refuse  or  do  not  accept 
the  security  so  tendered,  the  said  borough  shall  then  give  the  party, 
his  or  their  agent,  attorney,  guardian  or  committee,  a  written  no- 
tice of  the  time  when  the  same  will  be  presented  for  filing  in  the 
court,  and  thereafter  the  said  borough  may  present  said  security  to 
the  court  of  common  pleas  of  the  county  where  the  lands  or  other 
property  are  situated,  and,  if  approved,  the  security  shall  be  filed 
in  said  court  for  the  benefit  of  those  interested,  and  recovery  may 
be  had  thereon  for  the  amount  of  damages  assessed,  and  if  the  same  be 
not  paid,  it  may  be  collected,  by  execution  on  the  judgment  in  the 
issue  formed  to  try  the  question;  and  upon  the  approval  of  said 
security  said  borough  may  proceed  with  the  improvement. 

Section  5,  Act  of  May  16,  1891,  P.  L.  75. 


44 


Section  10.  Upon  the  report  of  said  viewers,  or  any  two  of  them, 
being  filed  in  said  court,  any  party  interested  may  within  thirty  days 
thereafter  file  exceptions  to  the  same;  and  the  court  shall  have  power 
to  confirm  said  report,  or  to  modify,  change,  or  otherwise  correct 
the  same,  or  change  the  assessments  made  therein,  or  refer  the  same 
back  to  the  same  or  new  viewers,  with  like  power  as  to  their  report. 
When  said  report  is  first  filed  in  court,  the  prothonotary  thereof 
shall  mark  the  same  confirmed  nisi,  and  in  case  no  exceptions  are 
lilod  thereto  within  said  thirty  days,  he  shall  enter  a  decree  (as  of 
course)  that  said  report  is  confirmed  absolutely.  Within  six  months 
after  the  confirmation,  modification,  changing  or  correcting  of  any 
report,  any  interested  party  may  appeal  from  the  said  decree  to  the 
superior  court  or  to  the  supreme  court,  as  the  case  may  be.  The  said 
report,  when  and  as  finally  confirmed,  shall  be  conclusive  as  to  any 
assessments  made  therein  to  pay  the  costs  and  expenses  of  any  sewer, 
street  or  other  improvement. 

Section  2,  Act  of  April  2,  1903,  P.  L.  124,  amending  Section 
2,  Act  of  May  16,  1891,  P.  L.  75. 

Scranton  Sewer,  213  Pa.  4. 

Section  11.  Where  any  exceptions  are  filed  to  any  report  of 
viewers,  and  the  said  exceptions  affect  the  entire  report,  the  same 
shall  not  be  confirmed  absolutely  as  to  any  part  thereof  until  the 
said  exceptions  have  been  finally  disposed  of  by  the  court;  but  when 
exceptions  are  filed  that  only  go  to  or  affect  some  particular  assess- 
ment of  benefits  or  damages,  and  which  in  the  consideration  and 
final  disposal  thereof  will  not  affect  the  assessments  made  against  or 
in  favor  of  other  parties,  in  such  .case  it  shall  be  lawful  for  the 
court,  at  any  time  after  the  report  has  been  filed  thirty  days,  by  de- 
cree, order  or  rule  to  confirm  all  such  assessments  as  to  which  no 
exceptions  have  been  filed. 

Section  1,  Act  of  April  18,  1905*  P.  L.  198,  supplementing 
May  16,  1891,  P.  L.  75. 

Section  12.  Where  any  appeal  is  taken  to  the  action  of  any  court 
confirming  any  viewers'  reports  or  any  part  thereof,  to  which  ex- 
ceptions have  been  filed  and  overruled,  such  appeal,  if  taken  for 
any  manner  or  thing  which  will  or  may  affect  the  entire  report,  shall 
have  the  effect  of  suspending  the  absolute  confirmation  of  the  en- 
tire report  until  the  appeal  is  finally  disposed  of  by  the  appellate 
court;  but  where  the  appeal  is  to  matters  and  things  which  do  not 
go  to  or  affect  the  entire  report  or  affect  other  assessments,  any 
such  appeal  shall  only  affect  the  particular  assessment  or  cause  as 
to  and  for  which  the  appeal  is  taken. 

Section  2,  Act  of  April  18,  1905,  P.  L.  198, 


45 


Section  13.  In  order  to  determine  whether  any  appeal  affects  the 
entire  report  or  any  particular  assessment,  it  shall  be  the  duty  of 
the  appellant  to  file  in  the  court  below,  before  or  at  the  time  he 
files  his  writ  of  certiorari,  a  copy  of  his  specifications  or  assignments 
of  error,  or  grounds  of  appeal,  and,  upon  the  request  of  the  proper 
borough  or  any  interested  party,  the  court  beloV,  or  a  judge  thereof 
in  vacation,  shall  certify  whether  the  said  appeal,  so  taken,  does  not 
affect  the  entire  report,  and  the  said  certificate  shall  be  conclusive 
on  said  question.  Where  the  court  or  judge  certifies  that  the  ap- 
peal taken  will  affect  the  entire  report,  no  further  proceedings  shall 
be  taken  in  the  court  below  until  after  the  final  action  of  the  appel- 
^ate  court;  but  where  the  said  court  or  judge  certifies  that  the  ap- 
peal taken  will  only  affect  the  particular  assessment  of  benefits  or 
damages,  as  the  case  may  be,  then  the  confirmation  of  all  other  as- 
sessments, as  to  which  no  appeal  has  been  taken,  shall  be  deemed 
•and  taken  to  be  final  and  absolute. 

Section  2,  Act  of  April  18,  1905,  P.  L.  198. 

Section  14.  If  on  any  appeal  the  action  of  the  court  below,  con- 
firming any  report  or  any  assessment,  is  affirmed,  the  date  of  the 
decree  or  judgment  of  the  appellate  court  shall  be  deemed  and  taken 
as  the  day  on  which  said  report  or  assessment  was  finally  con- 
firmed. 

Section  2,  Act  of  April  18,  1905,  P.  L.  198. 

Section  15.  Where  any  appeal  is  taken  to  the  Supreme  Court  from 
the  action  of  any  court  confirming  the  report  of  viewers,  or  any 
part  thereof,  and  an  appeal  is  also  taken  to  the  Superior  Court  from 
the  same  report  or  any  part  thereof,  and  the  appeals  in  both  cases 
are  substantially  the  same,  and  in  which  the  same  questions  are  in- 
volved, it  shall  be  lawful  for  the  Superior  Court  to  certify  the  said 
appeal  to  the  Supreme  Court,  to  be  heard  with  the  other  appeals 
from  the  same  report,  involving  the  same  questions.  And  it  shall 
be  lawful  for  the  Supreme  Court  to  consolidate  the  said  appeals,  and 
to  hear  the  same  as  one  case.  And  where  several  appeals  are  taken 
from  the  confirmation  of  the  same  report,  either  to  the  Superior  or 
the  Supreme  Court,  the  appellate  court  may  consolidate  the  appeals, 
where  the  grounds  of  appeal  are  similar  and  the  same  questions  in- 
volved. 

Section  3,  Act  of  April  18,  1905,  P.  L.  198. 

Section  16.  It  shall  be  lawful  for  the  several  parties  or  persons 
to  unite  and  join  in  a  single  appeal  from  the  confirmation  of  the 
report  of  viewers,  or  any  parts  thereof,  either  to  the  Superior  or  Su- 
preme Court,  where  the  grounds  of  appeal  are  similar  and  the  same 
questions  are  involved;  but  the  uniting  of  the  appellants  shall  not 


46 


unite  the  amounts,  or  change  the  jurisdiction.  When  the  appeal, 
if  taken  by  each  appellant  singly,  would  be  to  the  Superior  Court, 
then  the  joint  appeal  shall  be  to  the  said  court;  but  if  the  appeal 
of  any  one  joint  appellant,  if  taken  singly,  would  be  to  the  Supreme 
Court  then  the  joint  appeal  shall  be  to  the  said  court.  If  any  ap- 
peal has  been  taken  to  the  Supreme  Court,  any  other  party,  without 
regard  to  the  amount  involved,  may  appeal  to  the  same  court,  and 
join  in  the  said  appeal,  in  case  the  grounds  of  appeal  are  similar 
and  the  same  questions  are  involved. 

Section  4,  Act  of  April  18,  1905,  P.  L.  198. 

Section  17.  The  borough  or  any  party  interested  may,  by  notice 
or  rule  upon  the  appellant,  in  any  case,  cause  a  statement  or  copy 
of  the  specifications  of  error  or  grounds  of  appeal  to  be  filed  in  the 
court  below;  upon  which  the  said  court,  or  judge  thereof  in  vaca- 
tion, shall  certify  whether  the  appeal  taken  does  or  does  not  affect 
the  entire  report,  in  the  manner  and  with  the  effect  as  set  forth 
in  section  thirteen  of  this  article. 

Section  5,  Act  of  April  18,  1905,  P.  L.  198. 

Section  18.  Within  thirty  days  after  said  report  is  filed  in  court, 
as  aforestated,  any  party  whose  property  is  taken,  injured  or  de- 
stroyed, or  who  is  assessed  benefits  to  pay  damages  for  property 
taken,  injured  or  destroyed,  may  appeal  to  the  court  of  common 
pleas,  and  demand  a  trial  by  jury,  according  to  the  course  of  the 
common  law.  Every  appellant  shall  state  in  the  appeal  the  grounds 
upon  or  for  which  the  appeal  is  taken,  and  the  same  shall  be  signed  by 
the  party  or  parties  taking  the  appeal,  or  by  his  or  their  agent  or 
attorney;  and  shall  be  accompanied  by  an  affidavit  of  the  party  ap- 
pellant or  of  his  or  their  agent  or  attorney,  that  the  appeal  is  not 
taken  for  the  purpose  of  delay,  but  because  the  appellant  firmly  be- 
lieves that  injustice  has  been  done.  Upon  the  trial  of  any  such  ap- 
peal in  court,  the  report  of  the  viewers,  as  finally  approved,  con- 
firmed, modified  or  changed  by  the  court,  shall  be  prima  facie  evidence 
of  the  benefits  as  therein  mentioned ;  and  in  case  the  party  appellant 
does  not  obtain  a  verdict  more  favorable  than  was  the  report  of 
viewers,  as  finally  confirmed,  modified  or  changed,  the  said  appellant 
shall  not  recover  any  costs  on  the  appeal.  The  said  court  of  common 
pleas  shall  have  power,  to  order  what  notices  shall  be  given  in  con- 
nection with  any  part  of  said  proceedings,  and  make  all  and  such 
orders  as  it  may  deem  requisite,  and  may  by  rule  or  otherwise,  pre- 
scribe the  form  of  the  pleadings.  After  verdict  and  final  judgment, 
either  party  may  have  an  appeal  to  the  Superior  Court  or  Supreme 
Court,  as  in  other  cases. 

Section  2,  Act  of  April  2,  1903,  P.  L.  124,  amending  Section 
6,  Act  of  May  16,  1891,  P.  L.  75. 


4—C 


47 


Section  19.  Should  any  appeal  under  this  article  be  made  to  the 
wrong  appellate  court,  it  shall  be  the  duty  of  the  said  court  to  cer- 
tify the  appeal  to  the  court  to  which  the  appeal  should  originally 
have  been  taken. 

Part  of  Section  5,  Act  of  April  IS,  1905,  P.  L.  198. 

Section  20.  No  appeal  taken  under  this  act  shall  prevent  the  filing 
of  liens  by  any  borough  for  any  assessment  made  by  said  report; 
but,  upon  the  final  termination  of  the  issue,  the  court  shall  make 
such  order  as  to  the  lien  filed  as  shall  appear  right  and  proper. 

Section  2,  Act  of  April  2,  1903,  P.  L.  124,  amending  Section 
6,  Act  of  May  16,  1891,  P.  L.  75. 

Section  21.  In  case  any  such  borough  shall  repeal  any  ordinance 
passed,  or  discontinue  any  proceeding  taken,  providing  for  any  of 
the  improvements  mentioned  in  the  preceding  sections  of  this  article 
prior  to  the  entry  upon,  taking,  appropriation  or  injury  to  any 
property  or  materials,  and  within  thirty  days  after  the  filing  of 
the  report  of  viewers  assessing  damages  and  benefits,  the  said  bor- 
ough shall  not  thereafter  be  liable  to  pay  any  damages  which  have 
been,  or  might  have  been  assessed,  but  all  costs  upon  any  proceeding 
had  thereon  shall  be  paid  by  said  borough,  together  with  any  actual 
damage,  loss  or  injury  sustained  by  reason  of  such  proceedings. 

Section  7,  Act  of  May  16,  1891,  P.  L.  75. 

Section  22.  All  assessments  for  benefits  to  pay  damages,  costs  and 
expenses  shall  bear  interest  at  the  expiration  of  thirty  days  after 
they  shall  have  been  finally  ascertained  and  fixed,  and  shall  be  pay- 
able to  the  treasurer  or  other  proper  officer  of  the  borough. 

Part  of  Section  10,  Act  of  May  16,  1891,  P.  L.  75. 


CHAPTER  VI. 


ARTICLE  III. 


DAMAGES  FOB  INJURY  TO  PROPERTY. 

Section  1.  The  right  to  damages  against  boroughs,  is  hereby  given 
to  all  owners  or  tenants  of  lands,  property,  or  material  abutting  on, 
or  through  which  pass,  roads,  streets,  lanes,  or  alleys,  injured  by 
the  laying  out,  opening,  widening,  vacating,  extending  or  grading 
of  said  roads,  streets,  lanes  or  alleys  or  the  changing 
of  grades  or  lines  thereof,  by  said  boroughs;  the  construction  and 

48 


the  vacating  by  said  boroughs  of  bridges,,  and  the  piers,  abutments, 
approaches,  embankments,  slopes,  or  cause-ways  therefor,  or  leading 
thereto;  and  the  construction  of  sewers  by  said  boroughs,  over,  upon, 
along,  or  through  said  lands,  property,  or  material. 

Section  1,  Act  of  May  28,  1913,  P.  L.  368. 

Section  2.  That  all  juries  of  view  appointed,  or  which  shall  here- 
after be  appointed,  under  this  act  for  assessing  damages  or  benefits 
for  taking,  using,  occupying  or  injuring  lands,  property,  or  material, 
are  hereby  directed,  and  it  shall  be  their  duty,  to  assess  the  damages 
provided  for  in  section  one  of  this  article,  if  any,  against  said  bor- 
oughs, and  the  benefits,  if  any,  in  connection  therewith,  and  make 
report  thereof. 

Section  2,  Act  of  May  28,  1913,  P.  L.  368. 

Section  3.  That  the  right  of  appeal  to  the  proper  court  of  common 
pleas  from  said  report,  and  the  right  of  trial  by  jury  in  said  court 
of  common  pleas  and  the  right  to  file  exceptions  to  said  re- 
port, are  hereby  given  to  any  party  or  parties  not  satisfied  with 
said  report,  in  accordance  with  proceedings  under  this  act. 

Section  3,  Act  of  May  28,  1913,  P.  L.  368. 

Section  4.  That  after  disposal  of  exceptions,  or  verdict  and  final 
judgment,  any  interested  party  or  parties  may  have  an  appeal  to 
the  Superior  Court  or  Supreme  Court,  as  in  any  other  cases. 

Section  4,  Act  of  May  28,  1913,  P.  L.  368. 


CHAPTER  VI. 


ARTICLE  IV.      -. 


OPENING,  WIDENING,  EXTENDING,  STRAIGHTENING  AND 
VACATING  STREETS. 


(a)     WITHOUT  PETITION. 

Section  1.  Every  borough  shall  have  power  to  survey,  lay  out, 
enact  and  ordain  such  roads,  streets,  lanes,  alleys,  and  courts,  as 
-*hey  may  deem  necessary,  and  to  provide  for,  enact  and  ordain  the 
widening  and  straightening  of  the  same. 

Section  2,  Clause  2,  Act  of  April  3,  1851,  P.  L.  320. 
Frederick  Street,  150  Pa.  202. 

49 


Section  2.  Every  borough  shall  have  power,  whenever  the  coun- 
cils shall  deem  it  necessary,  to  open,  widen,  straighten  or  extend 
streets  or  alleys,  or  parts  thereof,  and  to  vacate  streets  or  alleys, 
or  parts  thereof,  without  any  petition  of  property  owners: 

Section  1,  Act  of  March  19,  1903,  P.  L.  35,  amending  Act  of 
May  2,  1895,  P.  L.  106,  which  amended  Act  of  May  16,  1891, 
P.  L.  75. 

Section  3.  Any  street,  lane  or  alley,  laid  out  by  any  person  or 
persons  in  any  village  or  town  plot  or  plan  of  lots,  on  lands  owned 
by  such  person  or  persons,  in  case  the  same  has  not  been  opened  to, 
or  used  by,  the  public  for  twenty-one  years  next  after  the  laying  out 
of  the  same,  shall  be  and  have  no  force  and  effect  and  shall  not  be 
opened,  without  the  consent  of  the  owner  or  owners  of  the  land  on 
which  the  same  has  been,  or  shall  be,  laid  out. 

Section  1,  Act  of  May  9,  1889,  P.  L.  173,  No.  192. 

Section  4.  The  borough  authorities  shall  give  at  least  ten  days' 
notice,  by  not  less  than  ten  handbills  posted  on  the  line  of  the  pro- 
posed improvement  of  the  laying  out,  widening,  straightening,  ex- 
tending or  vacating  of  any  streets,  roads,  lanes,  or  alleys,  and  in 
such  notice  to  designate  a  time  and  place  where  objections  thereto 
shall  be  heard. 

Section  1,  Act  of  July  12,  1897,  P.  L.  246,  amending  Section 
3,  Clause  8,  Act  of  April  3,  1851,  P.  L.  320. 

Section  5.  The  ordinance  or  ordinances  authorizing  the  exercise  of 
any  powers  conferred  by  sections  one  and  two  of  this  article,  shall 
be  adopted  and  enacted  by  the  affirmative  vote  of  three-fourths  of  the 
members  elect,  composing  the  councils  of  such  borough,  and  ap- 
proved by  the  burgess  thereof.  No  such  ordinance  shall  be  finally 
adopted  and  enacted  in  a  less  period  than  thirty  (30)  days  from 
the  date  of  its  introduction,  and  in  the  meantime  copies  of  said 
ordinance  shall  be  published  in  each  of  the  official  newspapers  of 
such  borough,  once  a  week,  for  three  consecutive  weeks,  immediately 
following  the  introduction  thereof,  and  in  case  such  borough  shall 
have  no  official  newspapers,  then  in  at  least  one  newspaper  published 
in  the  county  in  which  the  borough  is  situate,  once  a  week  for  three 
consecutive  weeks. 

Section  1,  Act  of  March  19,  1903,  P.  L.  35,  amending  Act  of 

May  2,  1895,  P.  L.  106,  which  amended  the  Act  of  May  16,  1891, 

P.  L.  75. 

Section  6.  Complaint  may  be  made  to  the  next  court  of  quarter 
sessions  of  the  proper  county,  upon  entering  into  recognizance,  with 
sufficient  security  according  to  law,  to  prosecute  the  same  with 
effect,  and  for  the  payment  of  costs,  by  any  person  aggrieved  in  con- 

50 


sequence  of  any  ordinance,  regulation  or  act  done,  or  purporting  to 
be  done,  in  virtue  of  sections  one,  t\vo  and  four,  of  this  article,  and 
the  determination  and  order  of  said  court  thereon  shall  be  conclu- 
sive. 

Section  2,  Act  of  May  22,  1883,  P.  L.  39,  amending  Section 
27,  Clause  2,  Act  of  April  3,  1851,  P.  L.  320. 

Section  7.  Upon  complaint  of  any  person  or  persons  aggrieved 
by  any  regulation  under  the  provisions  of  sections  one,  two  and 
three,  of  this  article  in  relation  to  laying  out,  widening,  and 
stiaigh  tening  the  roads,  streets,  lanes,  alleys,  and  courts,  the  said 
court  shall  take  such  order  as  may  be  just  and  reasonable,  and  the 
linal  order  of  said  court  shall  be  conclusive. 

Section  2,  Act  of  May  22,  1883,  P.  L.  39,  amending  Section 
27,  Clause  3,  Act  of  April  3,  1851,  P.  L.  320. 

Section  8.  Such  streets,  lanes,  and  alleys,  shall  not  be  open  for 
public  use,  until  the  damages  shall  be  liquidated  and  upon  any 
amounts  due  or  to  become  due  by  borough  corporations,  for  the 
purposes  aforesaid,  interest  shall  be  allowed  and  paid  from  the  date 
of  the  adjudication  of  said  damages. 

Section  1,  Act  of  May  22,  1883,  P.  L.  39,  amending  Clause  3, 
Section  27,  Act  of  April  3,  1851,  P.  L.  320. 

Section  9.  Every  borough  shall  have  power  to  prohibit  the  erec- 
tion or  construction  of  any  building  or  work,  excavation  or  other 
obstruction,  to  the  opening,  widening,  straightening  and  convenient 
use  thereof. 

Section  2,  Clause  3,  Act  of  April  3,  1851,  P.  L.  320. 

Section  10.  It  shall  not  be  lawful  for  any  owner  or  owners,  oc- 
cupier or  occupiers  of  lauds,  buildings  or  other  improvements,  to 
erect  any  buildings  or  make  any  improvements  within  the  lines  of 
the  roads,  streets,  lanes,  alleys,  courts  or  common  sewers,  laid  out, 
widened  or  straightened,  or  ordained  to  be  laid  out,  widened  or 
straightened,  after  due  notice  thereof,  and  if  any  such  erection  or 
improvement  shall  be  made,  no  allowance  shall  be  made  therefor  in 
the  assessment  of  damages,  but  the  loss  or  injury  sustained  by  the 
laying  out  of  the  same,  or  the  enactment  of  such  widening  or  straight- 
ening thereof,  shall  be  determined  by  agreement  of  the  parties,  or 
by  appeal  to  the  court  as  herein  directed. 

Clause  5,  Section  27,  Act  of  April  3,  1851,  P.  L.  320. 

Section  11.  Whenever  the  burgesses  and  town  council  of  any 
borough  shall  open  or  be  about  to  open  any  streets  or  alleys  therein, 
or  to  widen  or  extend  the  same,  it  shall  be  lawful  for  said  burgesses 


51 


and  council,  or  a  majority  of  them,  to  apply  by  petition  to  the  court 
of  quarter  sessions  of  the  peace  of  the  proper  county,  setting  forth 
the  facts,  and  describing  the  locality  of  such  streets  or  alleys,  and 
praying  said  court  to  appoint  three  disinterested  freeholders  of  such 
borough,  who,  after  being  first  duly  sworn  or  affirmed  to  perform 
their  duties  under  this  act  with  impartiality  and  fidelity,  shall  pro- 
ceed to  view  the  premises  described  in  said  petition,  having  regard 
to  both  the  advantages  and  disadvantages  caused  to  the  several  prop- 
erties along  the  line  of  and  adjoining  said  streets  and  alleys,  and 
Khali  assess  and  allow  to  all  persons  injured  thereby  such  damages 
as  they  shall  have  sustained,  respectively,  over  and  above  all  advant- 
ages, and  shall  also  make  assessments  for  contribution  upon  all 
such  properties  as  shall  be  benefited  by  the  opening,  widening,  or  ex- 
tension of  said  streets  and  alleys,  such  sums  respectively  as  they 
may  have  been  benefited,  over  and  above  all  disadvantages. 

Section  1,  Act  of  June  20,  1911,  P.  L.  1085,  amending  Section 
1,  Act  of  April  22,  1856,  P.  L.  525. 

Section  12.  The  said  viewers  shall  make  report  of  their  proceed- 
ings in  writing  to  the  next  session  of.  said  court,  describing  the 
properties  upon  which  assessments  have  been  made,  specifically  stat- 
ing whether  for  contribution  or  for  damages,  with  the  amounts  re- 
spectively, and  the  said  court  may,  at  the  next  session  thereafter,  or 
at  any  subsequent  session,  on  the  hearing  of  such  parties  as  choose 
to  contest  the  same,  modify,  approve  and  confirm  the  said  report, 
which  confirmation  shall  be  final  and  conclusive  upon  all  parties; 
and  the  said  burgesses  and  council  may  proceed  to  collect  all  such 
damages  and  assessments  for  contribution,  in  the  same  manner  as 
other  debts  due  such  boroughs  are  by  law  collectible. 

Section  2,  Act  of  April  22,  1856,  P.  L.  525. 

Section  13.  Whenever  any  report  of  viewers,  or  juries  of  view, 
appointed  by  the  court  of  quarter  sessions  of  this  Commonwealth 
to  assess  damages  and  benefits  for  the  opening,  widening,  narrowing 
or  vacating  of  any  road,  street  or  highway,  or  the  taking  of  private 
property  in  and  by  the  construction  or  enlargement  of  any  highway, 
shall  have  been  filed,  the  same  shall  be  confirmed  by  the  court  of 
quarter  sessions  to  which  the  said  report  is  made,  at  the  expiration 
of  thirty  days  from  the  date  of  the  filing  thereof,  unless  exceptions 
thereto  have  been  filed  within  such  time. 

Section  1,  Act  of  March  27,  1903,  P.  L.  83. 

Section  14.  If  no  exceptions  are  filed  within  the  time  above  pre- 
scribed, the  report  of  the  viewers,  or  jury  of  view,  shall  be  confirmed 
by  the  court;  and  the  party  or  parties  to  whom  an  award  has  been 

52 


made,  and  from  whose  awaid  no  appeal  has  been  taken,  shall  have 
the  right  to  take  .such  iurther  appropriate  legal  proceedings  as  may 
be  necessary  and  proper  to  enforce  payment  of  said  confirmed  award, 
cither  in  nature  of  a  writ  of  mandamus,  execution,  or  otherwise. 

Section  2,  Act  of  March  27,  1903,  P.  L.  83. 

Section  15.  In  all  cases  where  a  jury  of  view,  review  or 
re-review,  appointed  by  any  court  of  quarter  sessions  in  this 
Commonwealth,  has  or  shall  hereafter  assess  damages  for 
the  laying  out,  widening,  or  opening  of  any  public  street,  road  or 
alley  in  this  Commonwealth,  the  borough  required  to  pay  the  dam- 
ages, or  any  owner  or  tenant  of  property  through  which  said  public 
street,  road  or  alley,  has  been  or  shall  be  laid  out,  widened,  or 
opened,  shall  have  the  right  to  appeal  to  the  court  of  common  pleas 
of  the  proper  county,  from  the  decree  of  the  court  of  quarter  ses- 
sions confirming  the  award  of  such  jury,  for  the  determination  of 
the  question  of  damages  by  a  jury,  according  to  the  course  of  the 
common  law:  Provided,  The  appeal  be  taken  within  thirty  days 
after  the  final  confirmation  of  the  report  of  said  jury. 

Section  1,  Act  of. April  15,  1891,  P.  L.  17. 

Section  16.  Any  appeal  taken  pursuant  to  the  preceding  section 
of  this  article,  shall  be  signed  by  the  party  or  parties  taking  the 
same,  or  by  his  or  their  agent  or  attorney,  and  shall  be  accompanied 
by  an  affidavit  of  the  party  appellant,  or  his  or  their  agent  or  attor- 
ney, that  the  same  is  not  taken  for  the  purpose  of  delay,  but  because 
the  affiant  firmly  believes  that  injustice  has  been  done. 

Section  2,  Act  of  April  15,  1891,  P.  L.  17. 

Section  17.  Whenever  any  report  of  viewers,  appointed  by  any 
court  of  quarter  sessions  to  assess  damages  for  the  opening  or  widen- 
ing of  any  street,  road  or  highway,  shall  be  confirmed  by  the  court 
of  quarter  sessions  to  which  the  said  report  is  made,  an  appeal  may 
be  taken  from  the  said  court  of  quarter  sessions  by  any  party  ag- 
grieved by  the  said  decree  of  confirmation,  to  the  court  of  common 
pleas  in  said  county  for  a  trial  of  the  question  of  damages  by  jury, 
according  to  the  course  of  common  law,  within  thirty  days  from  the 
entry  of  said  decree  of  confirmation  by  the  court  of  quarter  sessions, 
and  not  afterwards. 

Section  1,  Act  of  May  26,  1891,  P.  L.  116,  No.  102. 

Philadelphia's  Appeal,  163  Pa.  70. 

Section  18.  Any  appeal  taken  in  pursuance  of  the  preceding  sec- 
tion of  this  article,  shall  be  signed  by  the  party  or  parties  taking  the 
same,  or  by  his  or  their  agent  or  attorney,  and  shall  be  accompanied 


53 


by  an  affidavit  of  the  party  appellant,  or  of  its,  his  or  their  agent 
or  attorney,  that  the  same  is  not  taken  for  the  purpose  of  delay,  but 
because  the  affiant  firmly  believes  that  injustice  l?as  been  done. 

Section  2,  Act  of  May  26,  1891,  P.  L.  116,  No.  102. 
Philadelphia's  Appeal,  163  Pa.  70. 

Section  19.  In  addition  to  the  mode  of  assessing  damages  and 
benefits  as  provided  in  the  foregoing  sections  of  this  article,  viewers 
may  be  appointed  on  the  petition,  of  the  borough,  or  any  person  in- 
terested, to  the  court  of  common  pleas  provided  in  Chapter  six, 
Article  two,  Section  two,  of  this  act,  who  shall  assess  the  costs  and 
expenses  of  the  opening,  widening,  straightening,  or  vacating  of  each 
street  or  alley,  or  part  thereof  within  its  corporate  limits,  upon 
the  property  benefited  according  to  benefits,  if  sufficient  can  be  found, 
but  if  not,  then  the  deficiency,  when  finally  ascertained,  shall  be 
paid  by  the  borough,  and  the  proceedings  of  said  viewers,  and  the 
proceedings  on  their  report,  shall  be  as  provided  in  Chapter  six, 
Article  two,  of  this  act  for  viewers  and  reports  of  viewers  in  the 
cases  of  property  taken,  injured,  or  destroyed. 

Part  of  Section  1,  Act  of  April  28,  1899,  P.  L.  100,  amending  Sec- 
tion 8,  Act  of  May  16,  1891,  P.  L.  75. 

See  Frederick  Street,  150  Pa.  202. 

Section  20.     The  streets,  lanes,  and  alleys,  when  duly  opened  ac- 
cording to  law,  or  by  agreement  of  parties,  are  hereby  declared  pub- 
lic highways,  over  which  the  corporation  shall  exercise  jurisdiction. 
Section  27,  Clause  4,  Act  of  April  3,  1851,  P.  L.  320. 

(b)     ON  PETITION  TO  THE  COUNCIL. 

Section  21.  Every  borough  shall  have  power  to  open,  widen, 
straighten  or  extend  streets  or  alleys,  or  parts  thereof,  within  its 
limits,  and  to  vacate  streets  or  alleys,  or  parts  thereof,  upon  the 
petition  of  a  majority  in  number  and  interest  of  owners  of  property 
abutting  on  the  line  of  the  proposed  improvement,  to  be  verified  by 
the  affidavit  of  one  or  more  parties,  a  majority  in  interest  of  owners 
of  undivided  interests  in  any  piece  of  property,  to  be  deemed  and 
treated  as  one  person  for  the  purposes  of  petition. 

Section  1,  Act  of  March  19,  1903,  P.  L.  35,  amending  Sec- 
tion 9,  Act  of  May  16,  1891,  P.  L.  75. 

Section  22.  The  ordinance  or  ordinances  authorizing  the  exercise 
of  any  power  conferred  by  Sections  one  and  two  of  this  article  shall 
be  adopted  and  enacted  by  the  affirmative  vote  of  three-fourths  of 
the  members  elect,  composing  the  councils  of  such  boroughs,  and 
approved  by  the  burgess  thereof.  No  such  ordinance  shall  be  finally 


54 


adopted  and  enacted  in  a  less  period  than  thirty  (30)  days  from  the 
date  of  its  introduction,  and  in  the  meantime  copies  of  said  ordinance 
shall  be  published  in  each  of  the  official  newspapers  of  such  borough, 
once  a  week,  for  three  consecutive  weeks,  immediately  following 
the  introduction  thereof,  and  in  case  such  borough  shall  have  no 
official  newspapers,  then  in  at  least  one  newspaper  published  in  the 
county  in  which  the  borough  is  situate,  once  a  week  for  three  con- 
secutive weeks. 

Section  1,  Act  of  March  19.  1903,  P.  L.  35,  amending  Act  of 

May  2,  1895,  P.  L.  10G,  which  amended  Act  of  May  16,  1891, 

P.  L.  75. 

Section  23.  The  majority  in  interest  and  number  required  for 
petitions  to  councils  shall  be  lixed  as  of  the  date  of  the  presentation 
of  said  petition.  After  the  passage  or  approval  of  any  ordinance 
lor  the  opening,  widening,  straightening,  or  extending  any  street 
or  alley,  notice  shall,  within  ten  days  thereafter,  be  given  by  hand 
bills  posted  in  conspicuous  places  along  the  line  of  the  proposed 
improvement,  which  notice  shall  state  the  fact  of  the  passage  or 
approval  of  the  ordinance,  the  date  of  the  passage  or  approval, 
that  the  petition  for  the  improvement  was  signed  by  a  majority 
in  interest  and  number  of  owners  of  property  abutting  the  line  of 
the  proposed  improvement,  and  that  any  person  interested  and  deny- 
ing the  fact  that  said  petition  was  so  signed,  may  appeal  to  any 
court  of  Common  Pleas  of  the  proper  county  within  sixty  days  from 
the  passage  or  approval  of  said  ordinance,  and  any  person  interested 
may,  within  sixty  days  from  the  passage  or  approval  of  said  ordi- 
nance, present  a  petition  to  any  court  of  Common  Pleas  of  the  proper 
county  setting  forth  the  facts,  whereupon  the  said  court  shall  in- 
quire and  determine  whether  the  said  improvement  was  petitioned 
for  by  the  requisite  majority,  and  if  said  court  shall  find  that  it 
was  not  so  petitioned  for,  shall  quash  said  ordinance,  but  if  said 
court  shall  find  that  it  was  so  petitioned  for,  it  shall  approve  the 
ordinance.  If  no  appeal  shall  be  taken  as  aforesaid,  or  if  the  court 
on  appeal  shall  approve  the  ordinance,  the  borough  may  proceed 
with  the  improvement,  and  thereafter  all  parties  interested  shall 
be  estopped  from  denying  the  fact  that  said  petition  was  signed 
by  the  requisite  majority  of  property  owners  as  required  by  the 
preceding  section. 

Section  10,  Act  of  May  16,  1891,  P.  L.  75. 

Section  24.  On  petition,  viewers  shall  be  appointed  as  provided 
in  Chapter  six,  Article  two,  Section  two,  of  this  act,  who  shall 
assess  the  costs  and  expenses  of  the  opening,  widening,  straighten- 
ing and  extending  of  each  street  or  alley  or  part  thereof  within  its 
corporate  limits,  upon  the  property  benefited  according  to  benefits, 
i!  sufficient  can  be  found,  but.  if  not,  then  the  deficiency,  when  finally 


ascertained  shall  be  paid  by  the  borough  and  the  proceedings  of  said 
viewers,  and  the  proceedings  on  their  report,  sha*ll  be  as  provided 
in  Chapter  six,  Article  two,  for  viewers  and  reports  of  viewers  in 
cases  of  property  taken,  injured  or  destroyed. 

Section  1,  Act  of  April  28,  1899,  P.  L.  100,  amending  Sec- 
tion 8,  Act  of  May  16,  1891,  P.  L.  75. 

I  c)  STREETS  NOT  TO  BE  OPENED  AFTER  TWO  YEARS  FROM 
PASSAGE  OF  ORDINANCE. 

Section  25.  If  any  borough  within  this  Commonwealth  has  here- 
tofore surveyed,  laid  out,  enacted,  or  ordained,  or  shall  hereafter 
purvey,  lay  out,  enact,  or  ordain,  any  road,  street,  lane,  alley,  court, 
c?ver  private  property  located  in  whole  or  in  part  within  the  limits 
of  said  borough,  and  proceedings  to  open  the  same  and  to  assess 
the  damag'e  arising  therefrom  shall  not  be  proceeded  with  by  the 
borough  within  two  years  from  the  enactment  of  said  ordinance, 
it  shall  be  null  and  void. 

Section  1,  Act  of  June  1,  1911,  P.  L.  541. 


CHAPTER  VI. 


ARTICLE  V. 


VACATION  OF  ROADS  AND   STREETS. 
(a)   ROADS  LAID  OUT  BY  THE  COMMONWEALTH. 

Section  1.  Boroughs  shall  have  the  power  and  authority  to  vacate, 
in  whole  or  in  part,  all  streets,  lanes  and  alleys  within  their  corpo- 
rate limits,  laid  out  by  this  Commonwealth,  whenever  the  same,  or 
the  portion  to  be  vacated,  shall  have  remained  unopened  for  a  con- 
tinuous period  of  thirty  years  next  preceding  such  vacation. 

Section  1,  Act  of  March  21,  1905,  P.  L.  46. 

Section  2.  In  exercising  the  power  aforesaid,  all  proceedings  for 
the  ascertaining  of  damages,  and  the  assessment  of  benefits  incident 
thereto,  shall  be  as  provided  in  Chapter  six,  Article  two,  of  this  act. 

Section  2,  Act  of  March  21,  1905,  P.  L.  46. 


56 


(b)  LANES  AND  ALLEYS  nWLARIOl)  NUISANCES  BY  BOARD 

OF  HEALTH. 

Section  3.  Where  the  bureau  of  health  or  health  officers  of  any 
borough,  shall  declare  as  a  public  niusance  and  menace  to  health 
any  alley,  lane,  or  passageway  located  therein,  used  wholly  or  partly 
by  the  public,  that  thereupon  any  two  or  more  owners  of  property 
adjacent,  contiguous,  or  aim  I  ting  upon  the  same,  may  present  their 
petition,  duly  verified  by  oath  or  affirmation,  to  the  court  of  quarter 
sessions  of  the  county  in  which  the  said  alley,  lane,  or  passageway 
is  located,  setting  forth  the  facts  regarding  the  said  nuisance,  and, 
i >mying  that  the  said  alley,  lane,  passageway,  or  so  much  thereof 
as  may  be  necessary,  be  vacated;  which  said  petition  shall  be  accom- 
panied by  a  certificate  of  the  bureau  of  health  or  health  officers, 
setting  forth  that  they  have  declared  the  said  alley,  lane,  or  pas- 
sageway to  be  a  public  nuisance  and  menace  to  health. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P.  L.  193. 

Section  4.  The  said  court  shall  appoint  a  jury  of  view  of  three 
men,  being  duly  qualified  residents  of  the  county  where  the  proceed- 
ings are  had.  The  jury,  being  duly  sworn  or  affirmed  to 
faithfully  perform  their  duties,  shall  give  notice  to  the  abutting, 
contiguous,  and  adjacent  property  owners,  or  others  that  are  likely 
to  be  affected  by  the  proceedings,  of  the  time  and  place  of  the  first 
meeting,  in  such  manner  as  the  court  may  direct;  and  after  the 
said  first  meeting  the  jury  shall  proceed  to  view  the  premises,  and 
in ([iiire  into  and  take  testimony,  in  the  manner  usually  pursued 
by  juries  of  view  in  the  opening  of  streets  and  the  like;  and  then 
to  present  and  file  in  the  court  of  their  appointment  their  report,  in 
writing,  of  their  findings  and  recommendations  as  to  whether  or  not 
the  said  alley,  lane,  or  passageway,  or  so  much  thereof  as  may  be 
necessary,  be  vacated,  and  awarding  the  damages  and  assessing  the 
benefits,  if  any,  to  the  properties  affected  thereby. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P.  L.  193. 

Section  5.  After  they  shall  have  prepared  their  report,  the  jury 
sli all  give  notice  in  writing  to  all  the  parties  to  be  affected  by  the 
said  report,  at  least  ten  days  before  the  day  therein  named  for  its 
filing,  that  the  same  is  open  to  inspection,  at  a  place  within  the  said 
county  named  therein;  within  which  period  any  party  or  person 
jiggi  ieved  thereby  shall  have  the  right  to  file  with  the  jury  exceptions 
thereto;  whereupon  it  shall  be  the  duty  of  the  said  jury  to  proceed 
i«»  leconsider  their  said  report  with  the  exceptions;  and  if  the  same 
or  any  part  thereof  are  in  their  opinion,  in  part  or  in  whole,  well 
founded,  then  it  shall  become  their  duty  to  modify  their  said  report 

57 


as  justice  may  require;  and  thereupon  file  the  same  in  the  court 
of  their  appointment.  If,  however,  no  exceptions  J?e  filed  within  the 
period  of  the  notice,  then  it  shall  be  the  duty  of  the  said  jury,  at 
the  expiration  of  the  said  period,  to  forthwith  file  its  said  report 
in  the  court  of  their  appointment. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P.  L.  193. 

•  Section  6.  Any  party  or  person  affected  by  the  said  report  shall 
have,  after  the  same  is  filed  in  the  court  aforesaid,  the  right  to 
appeal  to  the  court  of  common  pleas  of  the  county  where  the  pro- 
ceedings are  had,  within  thirty  days  after  the  filing  of  the  said 
report ;  whereupon  the  appeal  shall,  as  to  the  parties  thereto,  proceed 
in  the  same  manner  as  actions  of  trespass  are  now  conducted. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P.  L.  193. 

Section  7.  At  the  end  of  the  period  allowed  for  appeal,  the  said 
report  shall  be  absolutely  confirmed  by  the  court  aforesaid,  as  to 
such  awards  or  assessments  of  benefits  from  which  no  appeals  have 
been  taken. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P.  L.  193. 

Section  8.  This  article  shall  not  apply  in  any  case  where  the 
vacation  of  such  alley,  lane,  or  passageway  shall  wholly  deprive  any 
lot  or  lots  of  ground  abutting  thereon  of  the  sole  means  of  ingress 
or  egress  to  or  from  such  lot  or  lots,  otherwise  than  to  or  from  the 
front  line  or  main  line  thereof,  nor  shall  the  provisions  of  this 
article  apply  to  any  alley,  lane,  or  passageway,  created  or  existing 
by  grant  or  contract,  and  not  heretofore  accepted  by  the  public  au- 
thority of  the  borough,  in  which  the  same  may  be  located. 

Part  of  Section  1,  Act  of  June  20,  3911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P.  L.  193. 

(c)   EIGHT  TO  DAMAGES. 

Section  9.  Whenever  viewers  are  appointed  to  vacate  any  public 
road,  street,  or  highway  in  this  Commonwealth,  and  the  vacation 
of  said  road,  street,  or  highway,  damages  the  property  of  the  abutting 
thereon,  if,  in  the  opinion  of  the  viewers  so  appointed  the  vacation 
of  said  road,  street,  or  highway,  damages  the  property  of  the  abutting 
owner,  they  may  award  damages  to  such  owner  or  owners  as  though 
land  had  been  actually  taken,  and  such  damages  shall  be  paid  as  is 
provided  in  Chapter  six,  Article  two. 

Section  1,  Act  of  June  27,  1913,  P.  L.  633. 


38 


CHAPTEK  VI. 


ARTICLE  V. 


VACATION    OF    ROADS    AND    STREETS. 


(a)  ROADS  LAID  OUT  BY  THE  COMMONWEALTH. 

Section  1.  Boroughs  shall  have  the  power  and  authority  to  va- 
cate, in  whole  or  in  part,  all  streets,  lanes  and  alleys  within  their 
corporate  limits,  laid  out  by  this  Commonwealth,  whenever  the 
.same,  or  the  portion  to  be  vacated,  shall  have  remained  unopened 
for  a  continuous  period  of  thirty  years  next  preceding  such  vacation. 

Section  1,  Act  of  March  21,  1905,  P.  L.  46. 

Section  2.  In  exercising  the  power  aforesaid,  all  proceedings  for 
the  ascertaining  of  damages,  and  the  assessment  of  benefits  incident 
thereto,  shall  be  as  provided  in  Chapter  six,  Article  two,  of  this 
act. 

Section  2,  Act  of  March  21,  1905,  P.  L.  46. 

lb)  LANES  AND  ALLEYS  DECLARED  NUISANCES  BY  BOARD 

OF  HEALTH. 

Section  3.  When  the  bureau  of  health  or  health  officers  of  any 
borough,  shall  declare  as  a  public  nuisance  and  menace  to  health 
any  alley,  lane,  or  passageway  located  therein,  used  wholly  or  partly 
by  the  public,  thereupon  any  two  or  more  owners  of  property 
adjacent,  contiguous,  or  abutting  upon  the  same,  may  present  their 
petition,  duly  verified  by  oath  or  affirmation,  to  the  court  of  quarter 
sessions  of  the  county  in  which  the  said  alley,  lane,  or  passageway 
is  located,  setting  forth  the  facts  regarding  the  said  nuisance,  and, 
praying  that  the  said  alley,  lane,  passageway,  or  so  much  thereof 
as  may  be  necessary,  be  vacated;  which  said  petition  shall  be  accom- 
panied by  a  certificate  of  the  bureau  of  health  or  health  officers, 
setting  forth  that  they  have  declared  the  said  alley,  lane,  or  pas- 
sageway to  be  a  public  nuisance  and  menace  to  health. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P,  L.  193. 

Section  4.  The  said  court  shall  apoint  a  jury  of  view  of  three 
men,  being  duly  qualified  residents  of  the  county  where  the  proceed- 
ings are  had.  The  jury,  being  duly  sworn  or  affirmed  to 
faithfully  perform  their  duties,  shall  give  notice  to  the  abutting, 
contiguous,  and  adjacent  property  owners,  or  others  that  are  likely 

59 


to  be  affected  by  the  proceedings,  of  the  time  and  place  of  the  first 
meeting,  in  such  manner  as  the  court  may  direct;  and  after  the 
said  first  meeting  the  jury  shall  proceed  to  view  the  premises,  and 
inquire  into  and  take  testimony,  in  the  manner  usually  pursued  by 
juries  of  view  in  the  opening  of  streets  and  the  like;  and  then  to 
present  and  file  in  the  court  of  their  appointment  their  report,  in 
writing,  of  their  findings  and  recommendations  as  to  whether  or  not 
ihe  said  alley,  lane,  or  passageway,  or  so  much  thereof  as  may  be 
necessary,  be  vacated,  and  awarding  the  damages  and  assessing  the 
benefits,  if  any,  to  the  properties  affected  thereby. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P.  L.  193. 

Section  5.  After  they  shall  have  prepared  their  report,  the  jury 
shall  give  notice  in  writing  to  all  the  parties  to  be  affected  by  the 
said  report,  at  least  ten  days  before  the  day  therein  named  for  its 
filing,  that  the  same  is  open  to  inspection,  at  a  place  within  the  said 
county  named  therein;  within  which  period  any  party  or  person 
aggrieved  thereby  shall  have  the  right  to  file  with  the  jury  excep- 
tions thereto;  whereupon  it  shall  be  the  duty  of  the  said  jury  to 
proceed  to  reconsider  their  said  report  with  the  exceptions;  and  if 
the  same  or  any  part  thereof  are  in  their  opinion,  in  part  or  in 
whole,  well  founded,  then  it  shall  become  their  duty  to  modify  their 
said  report  as  justice  may  require;  and  thereupon  file  the  same  in 
the  court  of  their  appointment.  If,  however,  no  exceptions  be  filed 
within  the  period  of  the  notice,  then  it  shall  be  the  duty  of  the 
said  jury,  at  the  expiration  of  the  said  period,  to  forthwith  file  its 
said  report  in  the  court  of  their  appointment. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  aniend- 
:  ing  Section  1,  Act  of  April  17,  1905,  P.  L.  193. 

Section  6.     Any  party  or  person  affected  by  the  said  report  shall 
have,  after  the  same  is  filed  in  the  court  aforesaid,  the  right  to 
appeal  to  the  court  of  common  pleas  of  the  county  where  the  pro- 
ceedings are  had,  within  thirty  days  after  the  filing  of  the  said 
report;  whereupon  the  appeal  shall,  as  to  the  parties  thereto,  pro- 
ceed in  the  same  manner  as  actions  of  trespass  are  now  conducted. 
Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P.  L.  193. 

•  Section  7.  At  the  end  of  the  period  allowed  for  appeal,  the  said 
report  shall  be  absolutely  confirmed  by  the  court  aforesaid,  as  to 
such  awards  or  assessments  of  benefits  from  which  no  appeals  have 
been  taken. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  Act  of  April  17,  1905,  P"  L.  193. 

60 


Section  8.  This  article  shail  not  apply  in  any  case  where  the  va- 
t  at  ion  oi'  such  alley,  lane,  or  passageway  shall  wholly  deprive  any 
lot  or  lots  of  ground  abutting  thereon  of  the  sole  means  of  ingress 
or  egress  to  or  from  such  lot  or  lots,  otherwise  than  to  or  from 
the  front  line  or  main  line  thereof,  nor  shall  the  provisions  of  this 
article  apply  to  any  alley,  lane,  or  passageway,  created  or  existing 
by  grant  or  contract,  and  not  heretofore  accepted  by  the  public  au- 
thority of  the  borough,  in  which  the  same  may  be  located. 

Part  of  Section  1,  Act  of  June  20,  1911,  P.  L.  1087,  amend- 
ing Section  1,  A  .pril  17,  1905,  P.  L.  193. 

(c)   EIGHT  TO  DAMAGES. 

Section  9.  Whenever  viewers  are  appointed  to  vacate  any  public 
road,  street,  or  highway  in  this  Commonwealth,  and  the  vacation  of 
the  same  takes  no  land  from  the  owner  or  owners  of  land  abutting 
thereon,  if,  in  the  opinion  of  the  viewers  so  appointed  the  vacation 
of  said  road,  street,  or  highway  damages  the  property  of  the  abutting 
owner,  they  may  award  damages  to  such  owner  or  owners  as  though 
land  had  been  actually  taken,  and  such  damages  shall  be  paid  as 
is  provided  in  Chapter  six,  Article  two. 

Section  1,  Act  of  June  27,  1913,  P.  L.  633. 


CHAPTER  VI. 

* 

AKTICLE  VI. 


OPENING,      WIDENING,      AND      STRAIGHTENING      EOADS 
PARTLY  WITHIN  THE  BOROUGH. 

Section  1.  In  opening,  widening,  and  straightening  roads  partly 
within  a  borough,  like  proceedings  shall  be  had  as  are  provided  by 
law  for  the  laying  out  and  opening  of  public  roads  within  this  Com- 
monwealth. 

Redraft:  Section  27,  proviso  2  of  Clause  3,  Act  of  April 
3,  1851,  P.  L.  320,  amended  by  Section  2,  Act  of  May  22,  1883, 
P.  L.  39. 

Section  2.  Every  jury  appointed  to  view,  review,  lay  out,  widen 
or  straighten,  or  vacate  any  road,  or  part  of  a  road,  in  any  borough, 
shall  have  due  reference  to  the  town  plot  and  to  the  general  arrange- 
ment, plan,  convenience  and  advantage  of  the  borough,  and  shall 
set  forth  the  facts  fully  in  their  report. 

Section  27,  Clause  3,  proviso  2,  Act  of  April  3,  1851,  P.  L. 
320,  amended  by  Section  2,  Act  of  May  22,  1883,  P.  L.  39. 

61 


Section  3.  All  damages  assessed  beyond  the  value  of  the  land 
appropriated  to  public  use  shall  be  paid  by  the  Borough,  and  the 
jury  shall  separately  assess  the  same. 

Section  27,  Clause  5,  proviso  1,  Act  of  April  3,  1851,  P.  L. 
320. 
In  re  Parkersburg  Boro,  124  Pa.  511. 

Section  4.  Petitions  for  the  assessment  of  damages  for  the  open- 
ing or  widening  of  any  street,  road  or  highway,  when  the  damages 
are  not  assessed  by  the  view  opening  the  road,  may  be  filed  in  the 
court  of  quarter  sessions  within  the  period  of  six  years  from  the 
confirmation  of  a  report,  or  the  entry  of  a  decree  opening  the  said 
street,  road  or  highway,  or  within  six  years  from  the  date  of  notice 
of  the  intended  opening  of  the  same,  under  an  ordinance  or  resolu- 
tion duly  passed,  but  not  thereafter.  All  claims  shall  be  forever 
barred  afte,r  the  expiration  of  the  said  period  of  six  years. 

Section  1,  Act  of  May  23,  1891,  P.  L.  109,  No.  88. 


Section  5.  It  shall  be  unlawful  for  any  owner  or  owners,  oc- 
cupier or  occupiers,  of  lands,  buildings,  or  other  improvements,  to 
erect  any  buildings  or  make  any  improvements  within  the  lines 
of  the  roads,  laid  out,  widened,  or  straightened,  or  ordained  to 
be  laid  out,  widened  or  straightened  after  due  notice  thereof, 
and  if  any  such  erection  or  improvement  shall  be  made,  no 
allowance  shall  be  made  therefor  in*  the  assessment  of  damages,  but 
the  loss  or  injury  sustained  by  the  laying  out  of  the  same,  or  the 
enactment  of  such  widening  or  straightening  thereof,  shall  be  de- 
termined by  the  agreement  of  the  parties,  or  by  a  jury  of  view  ap- 
pointed by  the  court  of  quarter  sessions. 

Section  27,  Clause  5,  Act  of  April  3,  1851,  P.  L.  320. 
In  re  Parkersburg  Boro,  124  Pa.  511. 


Section  6.  Whenever  the  proper  authorities  of  any  borough,  deem 
it  advisable  to  construct,  change  or  alter  any  part  of  any  public 
road  under  their  supervision,  within  this  Commonwealth,  and  can 
agree  with  the  property  owners  affected  by  such  change  as  to  dam- 
ages, they — the  said  borough  authorities, — are  hereby  authorized, 
upon  payment  of  damages  agreed  upon,  to  change  or  alter  such 
part  of  such  public  road  as  contemplated  in  such  agreement,  without 
the  formality  of  a  view:  Provided,  That  this  authority  shall  not 
extend  to  any  change  or  alteration  of  any  part  of  any  public  road, 
in  this  Commonwealth,  the  costs  and  expenses  of  which,  including 
damages,  shall  exceed  three  hundred  dollars :  And  Provided  further, 


62 


That  a  petition  setting  forth  the  facts,  accompanied  by  a  map  or 
draft  of  such  proposed  change,  shall  be  presented  to  the  court  of 
quarter  sessions  I'or  approval  before  such  actual  change  is  made; 
whereupon  the  new  location,  thus  approved  by  the  court,  shall  be 
taken  and  deemed  to  be  the  public  road  to  all  intents  and  purposes, 
and  the  old  location  shall  be  taken  and  deemed  to  be  vacated. 

Section  1,  Act  of  May  5,  1911,  P.  L.  123. 


CHAPTER  VI. 
ARTICLE  VII. 
STREET  IMPROVEMENT. 


(a)  POWER  TO  GRADE  STREETS. 

Section  1.  Every  borough  shall  have  power  to  lay  out,  establish, 
re-establish  and  regulate  the  grades  of  streets,  roads,  lanes  and  alleys, 
or  parts  thereof. 

Drafted  from  Section  1,  Act  of  June  5,  1913,  P.  L.  411,  amending 
Section  2,  Cl.  4,  Act  of  April  3,  1851,  P.  L.  320,  and  Section  1,  Act 
of  April  28,  1899,  P.  L.  100,  amending  Act  of  May  16,  1891,  P.  L. 
75. 

West  Chester  Alley,  160  Pa.  89. 

Hanover  Boroughs  Appeal,   150  Pa.   202. 

Seaman  V.  Washington  Boro,  172  Pa.  467. 

Deer  V.  Sheraden  Boro,  220  Pa.  307. 

Section  2.  Every  borough  shall  give  at  least  ten  days  notice,  by 
not  less  than  ten  handbills  posted  on  the  line  of  the  proposed  im- 
provement, of  any  proposition  to  fix  or  change  the  grade  of  any 
streets,  roads,  lanes  or  alleys,  and  in  such  notice  to  designate  a  time 
and  place  where  objections  thereto  shall  be  heard. 

Section  1,  Act  of  July  12,  1897,  P.  L.  246,  amending  Sec- 
tion 3,  Cl.  8,  Act  of  April  3,  1851,  P.  L.  32. 

(b)  GRADING  STREETS  ON  PETITION  OF  MAJORITY  OF 
OWNERS  IN  INTEREST  AND  NUMBER  AND  ASSESSMENT 
OF  COST  ACCORDING  TO  THE  FOOT  FRONT  RULE: 

Section  3.  The  several  boroughs  of  this  Commonwealth,  in  ad- 
dition to  the  powers  heretofore  granted,  shall  have  power  to  enact 
ordinances  requiring  the  grading  of  any  street  or  highway,  or  part 
thereof,  within  the  respective  boroughs,  and  to  provide  for  the 

5— C  63 


payment  of  the  costs  and  expenses  thereof,  in  whole  or  in  part,  by 
an  equal  assessment  upon  the  property  aboundin&or  abutting  thereon 
a-  cording  to  the  foot-front  rule. 

Section  1,  Act  of  May  19,  1897,  P.  L.  79. 

Section  4.  The  council  in  making  or  ordering  said  assessment 
may  provide  for  an  equitable  reduction,  not  exceeding  one-third  from 
the  frontage  of  all  lots,  at  street  or  other  intersections  where  from 
their  peculiar  or  pointed  shape,  or  any  other  equitable  cause,  an 
assessment  for  the  full  frontage  would  be  inequitable. 

Section  1,  Act  of  May  19,  1897,  P.  L.  79. 

Section  5.  The  councils  shall  not  require  or  cause  any  street  or 
highway  or  part  thereof,  to  be  graded  as  aforesaid,  except  upon  peti- 
tion of  a  majority  in  number  and  interest  of  the  owners  of  property 
abutting  on  the  line  of  the  said  proposed  improvement,  a  majority  of 
owners  of  undivided  interests  in  any  piece  of  property  to  be  deemed  as 
one  person  for  the  purposes  of  said  petition.  In  case  the  substance 
of  said  petition,  with  the  names  of  said  petitioners,  is  published  once 
in  any  daily  newspaper  published  in  the  proper  borough,  and  in 
case  no  such  daily  is  published,  then  once  in  any  daily  or  weekly 
newspaper  published  in  the  proper  county  where  the  borough  is 
situated  (the  newspaper  in  the  latter  case  to  be  designated  by 
council),  such  publication  shall  be  conclusive  that  the  majority  in 
is  umber  and  interest  have  signed  said  petition,  provided  the  ordinance 
aforesaid  is  not  passed  finally  until  five  days  after  said  publication. 

Section  1,  Act  of  May  19,  1897,  P.  L.  79. 

Section  6.  The  council  of  the  respective  borough,  or  the  person 
or  persons  authorized  by  them  to  make  the  assessment,  shall  give 
at  least  five  days'  notice  of  the  time  and  place  of  making  the  assess- 
ment aforesaid  by  publication,  one  insertion  in  any  of  the  newspa- 
pers mentioned  in  the  preceding  section  and  according  to  the  order 
therein  mentioned,  and  by  serving  notice  on  an  adult  person  residing 
on  each  of  the  properties  to  be  assessed,  at  which  time  and  place  all 
pa j  ties  interested  shall  be  heard  by  the  council  or  by  the  person  or 
persons  appointed  to  make  said  assessment.  In  case  no  adult  per- 
son is  found  residing  on  the  property  said  notice  shall  be  deemed 
proi  erly  served  if  tacked  or  posted  conspicuously  on  the  premises : 
Provided,  however,  That  in  case  the  notice  is  served  personally  upon 
the  real  owner  or  owners,  the  same  shall  be  deemed  sufficiently  served 
uiider  this  act  and  no  other  service  shall  be  required. 

Section  2,  Act  of  May  19,  1897,  P.  L.  79. 

Section  7.  When  the  said  costs  and  expenses  are  assessed  by  the 
councils,  or  by  any  person  or  persons  authorized  to  make  the  same 
as  aforesaid,  and  the  assessment  is  confirmed,  the  same  shall  be- 

64 


come  a  lieu  against  the  property  assessed,  and  shall  continue  to  be 
a  lien  until  paid,  and  be  collected  as  municipal  liens  and  claims 
are  collected,  and  the  lien  thereof,  continued  by  the  general  laws 
of  this  Commonwealth,  provided  the  specification  of  lien  as  required 
by  law  is  filed  with  the  prothonotary  in  the  court  of  common  pleas 
of  the  proper  county  within  six  months  from  the  making  or  con- 
firmation of  said  assessment. 

Section  3,  Act  of  May  19,  1897,  P.  L.  79. 

(c)  PAVING,  CUBBING  AND  MACADAMIZING  UPON  PETI- 
TION OF  TWO-THIRDS  OF  OWNERS  IN  INTEREST  AND 
COLLECTION  OF  TWO-THIRDS  OF  COST  ACCORDING  TO 
FOOT  FRONT  RULE. 

Section  8.  The  council  of  any  incorporated  borough  of  this  Com- 
monwealth shall  have  the  power  to  require,  by  ordinance,  and  cause 
to  be  paved,  curbed,  or  macadamized  with  brick,  stone,  or  other 
suitable  materials,  any  public  street  or  thoroughfare,  or  parts  thereof, 
which  is  now  or  may  hereafter  be  laid  out  and  opened  in  any  of 
said  boroughs,  and  collect,  in  the  manner  hereinafter  provided,  two 
thirds  of  the  cost  and  expense  of  the  same  from  the  owners  of  the  real 
estate  bounding  or  abutting  thereon,  by  an  equal  assessment  on  the 
feet  front  bounding  or  abutting  as  aforesaid,  where  the  real  estate 
on  both  sides  of  the  street  or  thoroughfare,  is  assessable;  where  the 
real  estate  on  one  side  of  the  street  or  thoroughfare,  or  part  thereof, 
desired  to  be  paved,  curbed,  or  macadamized,  is  exempt  from  assess- 
ment, then  one-half  of  the  cost  and  expense  of  the  same  shall  be 
collected  from  the  owners  of  the  real  estate  bounding  or  abutting 
thereon,  by  an  equal  assessment  on  the  feet  front  bounding  or 
abutting  as  aforesaid;  said  assessment  to  be  estimated  by  the  street 
commissioner  or  person  in  charge  of  said  work,  or  other  competent 
authority  designated  by  the  council  of  said  borough:  Provided, 
That  the  council  of  any  such  borough  shall  not  require  or  cause  to 
be  paved  any  street  or  thoroughfare,  or  any  part  thereof,  except 
upon  the  petition  of  the  owners  of  property,  representing  not  less 
than  two-thirds  in  number  of  feet  of  the  properties  fronting  or  abut- 
ting on  said  street,  thoroughfare,  or  the  part  thereof,  proposed  to  be 
paved. 

Section  1,  Act  of  June  8,  1911,  P.  L.  714,  and  Section  1,  Act  of 
June  13,  1911,  P.  L.  887,  amending  Section  1,  Act  of  April  23,  1889, 
P.  L.  44. 

Beltzhoover  Boro  v.  Beltzhoover,  173  Pa.  213. 

Section  9.  After  the  passage  or  approval  of  any  ordinance  for 
improving  any  street  or  part  thereof,  pursuant  to  section  eight  of 
this  article,  if  the  petition  for  said  improvement  has  been  verified 
by  the  affidavit  of  one  or  more  of  the  petitioners,  notice  may  be 

65 


given,  within  ten  days  thereafter,  by  hand-bills  posted  in  conspicuous 
places  along  the  line  of  the  proposed  improvement;  which  notice 
shall  state  the  fact  of  the  passage  or  approval  of  the  ordinance,  the 
date  of  the  passage  or  approval,  that  the  petition  for  the  improve- 
ment was  signed  by  the  owners  of  property,  representing  not  less 
than  two-thirds  in  number  of  feet  of  the  property  fronting  or  abutting 
on  said  street  or  thoroughfare,  or  the  part  thereof  proposed  to  be 
paved,  and  that  any  person  interested,  and  denying  the  fact  that  said 
petition  was  so  signed,  may  appeal  to  any  court  of  common  pleas  of 
the  proper  county,  within  sixty  days  from  the  passage  or  approval 
of  said  ordinance;  and  any  person  interested  may,  within  sixty  days 
from  the  passage  or  approval  of  said  ordinance,  present  a  petition 
to  any  court  of  common  pleas  of  the  proper  county,  setting  forth 
the  facts;  whereupon  the  said  court  shall  inquire  and  determine 
whether  said  improvement  was  petitioned  for  by  the  requisite  two- 
thirds  majority;  and,  if  said  court  shall  find  that  it  was  not  so  pe- 
titioned for,  shall  quash  said  ordinance;  but  if  said  court  shall  find 
that  it  was  so  petitioned  for,  it  shall  approve  the  ordinance.  If  no 
appeal  shall  be  taken,  as  aforesaid,  or  if  the  court  on  appeal  shall 
approve  the  ordinance,  the  borough  authorities  may  proceed  with 
the  improvement;  and  thereafter  all  parties  interested  shall  be 
estopped  from  denying  the  fact  that  said  petition  was  signed  by  the 
requisite  two-thirds  majority  of  property  owners,  as  required. 

Section  1,  Act  of  April  14,  1905,  P.  L.  168,  supplementing 
Act  of  April  23,  1889,  P.  L.  44. 

Section  10.  All  municipal  assessments  for  paving,  curbing  or 
macadamizing  as  aforesaid,  shall  be  filed  with  the  clerk  or  secretary 
of  the  borough,  who  shall,  thereupon,  cause  thirty  days'  written  or 
printed  notice  to  be  given  to  each  party  assessed,  either  by  service 
on  the  owner  or  agent,  or  left  on  the  assessed  premises,  that  the 
assessments  are  due  and  payable. 

Section  2,  Act  of  April  23,  1889,  P.  L.  44. 

Section  11.  If  said  assessments,  or  any  of  them,  shall  remain 
unpaid  at  the  expiration  of  said  notice,  the  same  shall  be  placed  in 
the  hands  of  the  borough  solicitor  for  collection,  whose  duty  it  shall 
be  to  collect  the  same,  together  with  five  per  centum  additional  as 
attorney's  commission,  and  interest  from  the  completion  of  the  paving, 
curbing  or  macadamizing  by  a  municipal  claim  filed  against  the  de- 
linquent owner  describing  the  premises  upon  which  the  writs  of 
scire  facias  may  issue.  When  an  owner  has  two  or  more  lots  against 
which  there  is  an  assessment  for  the  same  improvement,  all  of  said 
lots  shall  be  embraced  in  one  claim. 

Section  2,  Act  of  April  23,  1889,  P.  L.  44. 


66 


'(•(ion  1±  No  assessments  for  paving,  curbing  or  macadamizing 
under  the  provisions  of  sections  ten  and  eleven  of  this  article,  shall 
be  a  lien  on  re;il  estate  for  more  than  six  months  from  the  time  of 
the  completion  of  the  entire  improvement,  unless  a  claim  for  the 
same  shall  be  filed  in  the  office  of  the  prothonotary  of  the  proper 
county  within  that  time,  nor  shall  the  same  continue  a  lien  longer 
than  five  years  from  the  time  of  filing  the  claim,  unless  revived  by 
sciie  facias  in  the  manner  provided  by  law  in  the  case  of  mechanic's 
claims. 

Section  3,  Act  of  April  23,  1889,  P.  L.  44. 
See  26  Sup.  Ct.  273.     Tarentum  Boro  v.  Moorehead. 

Section  13.  Every  claim  shall  be  a  plain  statement,  in  which  the 
coioprate  name  of  the  borough  shall  be  used  as  a  plaintiff,  and  the 
owner  or  owners  named  as  defendants,  and  shall  contain  a  descrip- 
tion of  the  property  or  properties  against  which  it  is  filed,  the  nature 
and  kind  of  work  done,  and  the  time  when  the  same  was  completed; 
and  every  claim  filed  shall  be  prima  facie  evidence  of  all  matter 
therein  set  forth. 

Section  4,  Act  of  April  23,  1889,  P.  L.  44. 

Section  14.  The  term  "owner"  shall  be  construed  to  mean  all  in- 
dividuals, corporations,  public  or  private,  and  associations  having 
any  title  or  interest  in  the  property  assessed. 

Section  5,  Act  of  April  23,  1889,  P.  L.  44. 

Section  15.  If  the  owner  to  whom  notice  is  required  to  be  given 
by  section  ten  of  this  article,  is  a  non-resident  of  the  borough,  and 
his,  her  or  their  place  of  residence  is  unknown  to  the  clerk  or  secre- 
tary of  the  borough,  or  if  the  ownership  of  the  property  cannot  be 
ascertained,  the  notice  shall  be  posted  on  the  premises,  and  a  copy 
left  with  the  occupant  if  there  be  one. 

Section  5,  Act  of  April  23,  1889,  P.  L.  44. 

Section  16.  Where  the  defendant  in  any  writ  of  scire  facias  shall 
1)0  a  corporation,  and  the  property  assessed  cannot  be  sold,  the  scire 
facias  shall  be  proceeded  upon  to  judgment,  and  a  write  of  fieri 
facias  shall  be  issued  thereon,  by  virtue  of  which  any  personal 
property  of  the  corporation,  wherever  situated,  may  be  levied  on 
and  sold,  or  an  attachment  in  execution  may  be  issued  as  in  other 
cases. 

Section  6,  Act  of  April  23,  1889,  P.  L.  44. 


67 


(d)  GRADING,  PAVING,  CURBING,  AND  MACADAMIZING 
STREETS,  WITHOUT  PETITION  AND  COLLECTION  OF  TWO- 
THIRDS  OF  COST  ACCORDING  TO  FOOT  FRONT  RULE. 

Section  17.  All  boroughs  in  this  Commonwealth  shall  have  power, 
without  petition  of  property  owners,  to  grade,  pave,  curb,  macada- 
mize, and  otherwise  improve  public  streets,  or  parts  thereof,  which 
are  now  or  may  hereafter  be  laid  out  and  opened  in  any  of  said! 
boroughs,  and  collect,  two-thirds  of  the  cost  and  expense  of  the  same 
from  the  owners  of  real  estate  bounding  or  abutting  thereon,  by  an 
equal  assessment  on  the  feet  front  bounding  or  abutting  as  aforesaid; 
said  assessment  to  be  estimated  by  the  street  commissioner  or  person 
in  charge  of  said  work,  or  other  competent  authority  designated  by 
the  council  of  said  borough. 

Section  1,  Act  of  May  12,  1911,  P.  L.  288. 

Section  18.  The  ordinance  authorizing  and  directing  such  im- 
provement shall  be  adopted  and  enacted  by  the  affirmative  vote  of 
two-thirds  of  all  the  members  comprising  the  council  of  said  borough, 
and  shall  be  presented  to  the  burgess  of  said  borough,  for  his  ap- 
proval. If  the  burgess  approve  said  ordinance,  he  shall  sign  it;  but, 
if  he  shall  not  approve,  he  shall  return  it,  with  his  objections,  to  the 
council  at  the  next  regular  meeting  thereof;  when  said  objections 
shall  be  entered  at  large  upon  the  minutes;  and  at  the  next  suc- 
ceeding regular  meeting  of  council,  after  the  return  of  said  ordi- 
nance, the  council  shall  proceed  to  a  reconsideration  thereof.  If, 
after  such  consideration,  all  of  the  members  elected  to  the  council 
shall  vote  to  pass  said  ordinance,  it  shall  then  become  and  be  of  as 
full  force  and  effect  as  if  the  burgess  had  signed  it;  but,  in  such 
case,  the  vote  of  the  members  of  the  council  shall  be  determined  by 
yeas  and  nays,  and  the  names  and  votes  of  the  members  shall  be 
entered  in  the  minutes.  If  such  ordinance  shall  not  be  returned  by 
the  burgess  at  the  next  regular  meeting  of  council  after  the  same 
shall  have  been  presented  to  him,  it  shall  likewise  become  and  be 
in  as  full  force  and  effect  as  if  he  had  signed  it. 

Section  1,  Act  of  May  12,  1911,  P.  L.  288. 

Section  19.  No  such  ordinance  shall  be  finally  adopted  and  en- 
acted in  less  than  thirty  days  from  the  date  of  its  introduction; 
and,  in  the  meantime,  copies  of  said  ordinance  shall  be  published  in 
a  newspaper  in  said  borough,  or  circulating  therein,  once  a  week  for 
two  weeks,  and  by  at  least  five  handbills  posted  along  the  proposed 
improvement,  ten  days  before  the  final  passage  in  council  of  such 
ordinance. 

Section  1,  Act  of  May  12,  1911,  P.  L.  288. 


68 


Sec 


tion  20.  All  municipal  assessments  for  grading,  paving,  ma- 
cadamizing, or  otherwise  improving  public  streets,  or  parts  thereof, 
shall  be  filed  with  the  clerk  or  secretary  of  the  borough,  who  shall 
thereupon  cause  thirty  days'  written  or  printed  notice  to  be  given 
to  each  paitv  assessed,  either  by  service  on  the  owner  or  agent  or 
left  on  the  assessed  premises,  that  the  assessments  are  due  and  pay- 
able. If  said  assessments  or  any  of  them  shall  remain  unpaid  at 
the  expiration  of  said  notice,  the  same  shall  be  placed  in  the  hands 
of  the  borough  solicitor  for  collection;  whose  duty  it  shall  be  to.  col- 
lect the  same,  together  with  five  per  centum  additional  as  attorney's 
commission,  and  interest  from  the  completion  of  the  grading,  paving, 
curbing,  macadamizing,  or  other  improvement,  by  a  municipal  claim 
filed  against  the  delinquent  owner,  describing  the  premises,  upon 
which  a  scire  facias  may  issue.  When  an  owner  has  two  or  more 
lots  against  which  there  is  an  assessment  for  the  same  improvement, 
all  of  said  lots  shall  be  embraced  in  one  claim. 

Section  2,  Act  of  May  12,  1911,  P.  L.  288. 

Section  21.  No  assessments  for  grading,  paving,  curbing,  macad- 
amizing, or  other  improvement  under  the  provisions  of  this  act,  shall 
be  a  lien  on  real  estate  for  more  than  six  months  from  the  time  of 
the  completion  of  such  work,  unless  a  claim  for  the  same  shall  be 
filed  in  the  office  of  the  prothonotary  of  the  proper  county  within 
that  time;  nor  shall  the  same  continue  a  lien  longer  than  five  years 
from  the  time  of  filing  the  claim,  unless  revived  by  scire  facias,  in 
the  manner  provided  by  law  in  the  case  of  mechanics'  claims. 

Section  3,  Act  of  May  12,  1911,  P.  L.  288. 

Section  22.  Every  claim  shall  be  a  plain  statement,  in  which  the 
corporate  name  of  the  borough  shall  be  used  as  a  plaintiff,  and 
the  owner  or  owners  named  as  defendants;  and  shall  contain  a  de- 
scription of  the  property  or  properties  against  which  it  is  filed, 
the  nature  and  kind  of  work  done,  and  the  time  when  the  same  was 
completed;  and  every  claim  filed  shall  be  prima  facie  evidence  of 
all  matter  therein  set  forth. 

Section  4,  Act  of  May  12,  1911,  P.  L.  288. 

Section  23.  The  term  "owner"  shall  be  construed  to  mean  all 
individuals,  corporations,  public  or  private,  and  associations  having 
any  title  or  interest  in  the  property  assessed.  If  the  owner,  to  whom 
notice  is  required  to  be  given  by  this  act,  is  a  non-resident  of  the 
borough,  and  his,  her,  or  their  place  of  residence  is  unknown  to  the 
cleik  or  secretary  of  the  borough,  or  if  the  ownership  of  the  prop- 
erty cannot  be  ascertained,  the  notice  shall  be  posted  on  the  premises, 
imd  a  copy  left  with  the  occupant,  if  there  be  one. 

Section  5,  Act  of  May  12,  1911,  P.  L.  288. 

69 


Section  24.  Where  the  defendant  in  any  writ  of  scire  facias  shall 
be  a  corporation,  and  the  property  assessed  cannot  be  sold,  the 
scire  facias  shall  be  proceeded  upon  to  judgment,  and  a  writ  of 
fieri  facias  shall  be  issued  thereon,  by  virtue  of  which  any  personal 
property  of  the  corporation,  wherever  situated,  may  be  levied  on 
and  sold,  or  an  attachment  in  execution  may  be  issued  as  in  other 
cases. 

Section  6,  Act  of  May  12,  1911,  P.  L.  288. 

(e)  GRADING,    PAVING,    CUBBING    AND    MACADAMIZING 

CONNECTING  STREETS,  WITHOUT  PETITION. 

Section  25.  All  boroughs  in  this  Commonwealth  shall  have  power, 
without  petition  of  property  holders,  to  grade,  pave,  curb,  macada- 
mize, and  otherwise  improve  public  streets,  or  parts  thereof,  when 
said  streets,  or  parts  thereof,  do  not  exceed  one  thousand  feet  in 
length,  and  connect  two  streets,  or  parts  of  a  street,  theretofore  paved 
and  improved. 

Section  1,  Act  of  May  7,  1907,  P.  L.  168,  amending  Section 
1,  Act  of  May  31,  1897,  P.  L.  114. 

Section  26.  The  ordinance  authorizing  and  directing  such  im- 
provements shall  be  adopted  and  enacted  by  an  affirmative  vote 
of  three-fourths  of  the  members-elect  comprising  the  councils  of 
the  said  borough,  and  shall  be  approved  by  the  burgess  thereof.  No 
such  ordinance  shall  be  finally  adopted  and  enacted  in  less  than 
thirty  days  from  the  date  of  its  introduction,  and,  in  the  meantime, 
copies  of  said  ordinance  shall  be  published  in  a  newspaper  in  said 
borough,  or  circulating  therein,  once  a  week  for  two  weeks,  and  by 
at  least  five  handbills,  posted  along  the  proposed  improvement  ten 
days  before  the  final  passage  in  council  of  such  ordinance. 

Section  1,  Act  of  May  7,  1907,  P.  L.  168,  amending  Section  1, 
Act  of  May  31,  1897,  P.  L.  114. 

Section  27.  In  exercising  the  power  aforesaid  all  proceedings  for 
the  ascertainment  of  damages  and  the  assessment  of  benefits  in- 
cident thereto,  shall  be  as  provided  in  Chapter  six,  Article  two,  of 

this  act. 

Section  2,  Act  of  May  31,  1897,  P.  L.  114. 

(f)  GRADING,    PAVING,    CURBING,    MACADAMIZING    AND 
OTHERWISE  IMPROVING  STREETS  AND  ALLEYS,  ON  PE- 
TITION TO  COUNCIL  OF  MAJORITY  OF  OWNERS   IN  IN- 
TEREST AND  NUMBER. 

Section  28.  Every  borough  shall  also  have  power,  upon  the  pe- 
tition of  a  majority  of  property  owners  in  interest  and  number 
abutting  on  the  line  of  the  proposed  improvement,  to  be  verified  by 

70 


atlidavit  of  one  or  more  parties  to  said  petition  majority  in  interest 
of  owners  of  undivided  interests  in  any  piece  of  property  to  be  deemed 
and  treated  as  one  person  for  the  purposes  of  petition,  to  grade, 
pave,  curb,  macadamize,  and  otherwise  improve  any  public  street 
or  public  alley,  or  part  thereof,  within  its  corporate  limits,  or  which 
may  be,  in  whole  or  in  part,  boundaries  thereof. 

Section  1,  Act  of  April  28,  1899,  P.  L.  100,  amending  Section 
8,  May  10,  1891,  P.  L.  75. 

Section  29.  The  majority  in  interest  and  number  required  for 
petitions  to  councils  shall  be  fixed  as  of  the  date  of  the  presentation 
of  said  petition.  After  the  passage  or  approval  of  any  ordinance 
for  the  opening,  widening,  straightening,  extending,  grading,  paving, 
macadamizing  or  otherwise  improving  any  street  or  alley,  notice 
shall,  within  ten  days  thereafter,  be  given  by  handbills  posted  in 
conspicuous  places  along  the  line  of  the  proposed  improvement,  which 
notice  shall  state  the  fact  of  the  passage  or  approval  of  the  ordinance, 
the  date  of  the  passage  or  approval,  that  the  petition  for  the  improve- 
ment was  signed  by  a  majority  in  interest  and  number  of  owners  of 
property  abutting  on  the  line  of  the  proposed  improvement,  and  that 
any  person  interested  and  denying  the  fact  that  said  petition  was 
so  signed,  may  appeal  to  any  court  of  common  pleas  of  the  proper 
county  within  sixty  days  from  the  passage  or  approval  of  said  ordi- 
nance, and  any  person  interested  may,  within  sixty  days  from  the 
passage  or  approval  of  said  ordinance,  present  a  petition  to  any 
court  of  common  pleas  of  the  proper  county  setting  forth  the  facts, 
whereupon  the  said  court  shall  inquire  and  determine  whether  said 
improvement  was  petitioned  for  by  the  requisite  majority,  and  if 
said  court  shall  find  that  it  was  not  so  petitioned  for,  shall  quash 
said  ordinance,  but  if  said  court  shall  find  that  it  was  so  petitioned 
for,  it  shall  approve  the  ordinance.  If  no  appeal  shall  be  taken  as 
aforesaid,  or  if  the  court  on  appeal  shall  approve  the  ordinance,  the 
borough  may  proceed  with  the  improvement,  and  thereafter  all  parties 
interested  shall  be  estopped  from  denying  the  fact  that  said  petition 
was  signed  by  the  requisite  majority  of  property  owners  as  required 
by  this  act. 

Section  10,  Act  of  May  16,  1891,  P.  L.  75. 

Section  30.  On  petition,  viewers  shall  be  appointed  as  provided 
in  Chapter  six,  Article  two,  Section  two  of  this  act,  who  shall 
assess  the  costs  and  expenses  of  the  sewer,  or  grading,  paving,  curb- 
ing, macadamizing,  or  other  improvement  of  each  street  or  alley,  or 
part  thereof  within  its  corporate  limits,  upon  the  property  benefited 
according  to  benefits,  if  sufficient  can  be  found,  but  if  not,  then 
the  deficiency,  when  finally  ascertained,  shall  be  paid  by  the  borough, 
and  the  proceedings  of  said  viewers,  and  the  proceedings  on  their 


71 


report,  shall  be  as  provided  in  Chapter  six,  Article  two  of  this  act, 
for  viewers  aiid  reports  of  viewers,  in  cases  of  property  taken,  in- 
jured or  destroyed. 

Section  1,  Act  of  April  28,  1899,  P.  L.  100,  amending  Sec- 
tion 8,  Act  of  May  16,  1891,  P.  L.  75. 

(g)  SUB-GRADING,  PAVING,  CURBING  OR  MACADAMIZING 
UPON  PETITION  OF  POUR-FIFTHS  OF  THE  OWNERS  IN 
INTEREST  AND  ASSESSMENT  OF  TOTAL  COST  ACCORD- 
ING TO  THE  FOOT  FRONT  RULE. 

Section  31.  The  council  of  any  incorporated  borough  of  this  Com- 
monwealth shall  have  the  power  to  require,  by  ordinance,  and  cause 
to  be  subgraded,  paved,  curbed  or  macadamized,  with  brick,  stone 
or  other  suitable  materials,  any  public  street  or  thoroughfare,  or 
parts  thereof,  which  is  now  or  may  hereafter  be  laid  out  and  opened 
in  any  of  said  boroughs,  and  collect,  in  the  manner  hereinafter 
provided,  the  whole  of  the  cost  and  expense  of  the  same  from  the 
owners  of  the  real  estate  bounding  or  abutting  thereon,  by  an  equal 
assessment  on  the  feet-front,  bounding  or  abutting  as  aforesaid;  said 
assessment  to  be  estimated  by  the  borough  engineer,  street  com- 
missioner or  person  in  charge  of  said  work,  or  other  competent 
authority  designated  by  the  council  of  said  borough:  Provided, 
That  the  council  of  any  such  borough  shall  not  require  or  cause  to 
be  subgraded,  paved,  curbed  or  macadamized,  under  this  act,  any 
street  or  thoroughfare,  or  any  part  thereof,  except  upon  the  petition 
of  the  owners  of  property  representing  not  less  than  four-fifths  in 
number  of  feet  of  the  properties  fronting  or  abutting  on  said  street 
or  thoroughfare,  or  the  part  theieof  proposed  to  be  so  improved. 

Section  1,  Act  of  April  20,  1905,  P.  L.  232. 

Section  32.  After  the  passage  or  approval  of  any  ordinance  for 
improving  any  street,  or  part  thereof,  pursuant  to  the  preceding 
section,  if  the  petition  for  said  improvement  has  been  verified  by 
the  affidavit  of  one  or  more  of  the  petitioners,  notice  may  be  given 
within  ten  days  thereafter,  by  handbills  posted  in  conspicuous  places 
along  the  line  of  the  proposed  improvement;  which  notice  shall  state 
the  fact  of  the  passage  or  approval  of  the  ordinance,  the  date  of 
the  passage  or  approval,  that  the  petition  for  the  improvement  was 
signed  by  four-fifths  of  the  owners  of  property,  representing  not  less 
than  four-fifths  in  number  of  feet  of  the  property  fronting  or  abutting 
on  said  street  or  thoroughfare,  or  the  part  thereof  proposed  to  be 
paved,  and  that  any  person  interested,  and  denying  the  fact  that  said 
petition  was  so  signed,  may  appeal  to  any  court  of  common  pleas  of 
the  proper  count}^  within  sixty  days  from  the  passage  or  approval 
of  said  ordinance;  and  any  person  interested  may,  within  sixty  days 
from  the  passage  or  approval  of  said  ordinance,  present  a  petition 

72 


to  any  court  of  common  pleas  of  the  proper  county,  setting  forth 
the  facts;  whereupon  the  said  court  shall  inquire  and  determine 
whether  said  improvement  was  petitioned  for  by  the  requisite  four- 
fifths  majority,  and,  if  said  court  shall  find  that  it  was  not  so  pe- 
titioned for,  shall  quash  said  ordinance;  but  if  said  court  shall  find 
Hi  at  it  was  so  petitioned  for,  it  shall  approve  the  ordinance.  If  no  ap- 
peal shall  be  taken,  as  aforesaid,  or  if  the  court  on  appeal  shall  ap- 
prove the  ordinance,  the  borough  authorities  may  proceed  with  the 
improvement,  and  thereafter  all  parties  interested  shall  be  estopped 
from  denying  the  fact  that  said  petition  was  signed  by  the  requisite 
four-fifths  majority  of  property  owners,  as  required  by  said  act. 

Section  1,  Act  of  May  5,  1911,  P.  L.  166. 

Section  33.  All  municipal  assessments  for  paving,  sub-grading, 
curbing  or  macadamizing,  as  aforesaid,  shall  be  filed  with  the  clerk 
or  secretary  of  the  borough,  who  shall  thereupon  cause  thirty  days' 
written  or  printed  notice  to  be  given  to  each  party  assessed,  either 
by  service  on  the  owner  or  agent,  or  left  on  the  assessed  premises, 
that  the  assessments  are  due  and  payable.  If  said  assessments  or 
any  of  them  shall  remain  unpaid  at  the  expiration  of  said  notice, 
the  same  shall  be  placed  in  the  hands  of  the  borough  solicitor  for 
collection;  whose  duty  it  shall  be  to  collect  the  same,  together  with 
five  per  centum  additional  as  attorney's  commission,  and  interest 
from  the  completion  of  the  paving,  subgrading,  curbing  or  macada- 
mizing, by  a  municipal  claim  filed  against  the  delinquent  owner, 
describing  the  premises,  upon  which  writs  of  scire  facias  may  issue. 
When  an  owner  has  two  or  more  lots  against  which  there  is  an 
assessment  for  the  same  improvement,  all  of  said  lots  shall  be  em- 
braced in  one  claim. 

Section  2,  Act  of  April  20,  1905,  P.  L.  232. 

Section  34.  No  assessments  for  paving,  subgrading,  curbing  or 
macadamizing,  under  preceding  section  shall  be  a  lien  on  real  estate 
for  more  than  six  months  from  the  time  of  the  completion  of  such 
work,  unless  a  claim  for  the  same  shall  be  filed  in  the  office  of  the 
prothonotary  of  the  proper  county  within  that  time;  nor  shall  the 
same  continue  a  lien  longer  than  five  years  from  the  time  of  filing 
the  claim,  unless  revived  by  scire  facias,  in  the  manner  provided 
by  law  in  the  case  of  mechanics'  claims. 

Section  3,  Act  of  April  20,  1905,  P.  L.  232. 

Section  35.  Every  claim  shall  be  a  plain  statement,  in  which 
the  corporate  name  of  the  borough  shall  be  used  as  a  plaintiff,  and 
the  owner  or  owners  named  as  defendants;  and  shall  contain  a  de- 
scription of  the  property  or  properties  against  which  it  is  filed;  the 

73 


nature  and  kind  of  work  done,  and  the  time  when  the  same  was 
completed ;  and  every  claim  filed  shall  be  prima  ^acie  evidence  of 
all  matter  therein  set  forth. 

Section  4,  Act  of  April  20,  1905,  P.  L.  232. 

Section  36.  The  term  "owner"  shall  be  construed  to  mean  all  in- 
dividuals, corporations,  public  or  private,  and  associations  having 
any  title  or  interest  in  the  property  assessed.  If  the  owner,  to 
whom  notice  is  required  to  be  given  by  section  thirty-three  of  this 
article,  is  a  non-resident  of  the  borough,  and  his,  her  or  their  place 
of  residence  is  unknown  to  the  clerk  or  secretary  of  the  borough, 
or  if  the  ownership  of  the  property  cannot  be  ascertained,  the  notice 
shall  be  posted  on  the  premises,  and  a  copy  left  with  the  occupant, 
if  there  be  one. 

Section  5,  Act  of  April  20,  1905,  P.  L.  232. 

Section  37.  Where  the  defendant  in  any  writ  of  scire  facias  shall 
be  a  corporation,  and  the  property  assessed  cannot  be  sold,  the  scire 
facias  shall  be  proceeded  upon  to  judgment,  and  a  writ  of  fieri 
facias  shall  be  issued  thereon,  by  virtue  of  which  any  personal 
property  of  the  corporation,  wherever  situated,  may  be  levied  on  and 
sold,  or  an  attachment  in  execution  may  be  issued  as  in  other  cases. 

Section  6,  Act  of  April  20,  1905,  P.  L.  232. 

(h)  GRADING,  PAVING,  CUBBING  OK  MACADAMIZING  OF 
BOUND ABY  STREETS  AND  STREETS  OUTSIDE  THE  BOR- 
OUGH LIMITS. 

(1)     By  agreement  with  first  class  townships. 

Section  38.  Boroughs  shall  have  power  to  enter  into  agreements 
with  adjoining  townships  of  the  first  class,  for  the  grading,  paving 
and  curbing  or  macadamizing  of  streets  and  alleys  which  may  be  in 
whole  or  in  part  the  boundaries  between  such  borough  and  township, 
and  to  provide  in  such  contract  that  the  damages,  costs  and  expenses 
of  said  improvements  shall  be  divided  between  such  borough  and 
township  in  the  proportion  and  manner  agreed  upon. 

Section  1,  Act  of  July  10,  1901,  P.  L.  637,  No.  322. 

St.  Davids  Church,  v.  Say  en,  244  Pa.  300. 

Demster  v.  United  Traction  Co.,  205  Pa.  70. 

Section  39.  In  grading,  paving  and  curbing  or  macadamizing  any 
street  or  alley,  under  the  preceding  section  of  this  act,  which  may 
be  in  whole  or  in  part  in  the  boundaries  as  aforesaid,  boroughs  shall 
exercise  the  power  herein  conferred,  upon  petition  of  the  councils 
by  a  majority  of  the  property  owners  in  interest  and  number, 
abutting  the  portion  of  the  line  of  the  proposed  improvement  within 

74 


the  borough  limits,  to  be  verified  by  the  alMavit  of  one  or  more  of 
llu>  parties  to  said  petition  (a  majority  in  interest  of  owners,  or 
undivided  interests  in  any  piece  of  property,  to  be  deemed  and 
treated  as  one  peisou  for  the  purposes  of  petition)  asking  that  such 
improvement  be  made;  and  the  portion  of  the  damages,  costs  and 
expenses  agreed  to  be  paid  by  any  borough  shall  be  ascertained,  and 
the  benefits  incident  thereto  shall  be  assessed  and  collected,  in  man- 
ner provided  in  Chapter  six,  Article  two  of  this  act.  Boroughs  may 
agree  to  pay  any  part  of  the  costs,  damages  and  expenses  of  such  im- 
piovenienls  out  of  the  general  funds. 

Section  2,  Act  of  July  10,  1901,  P.  L.  637,  No.  322. 

(2)  By  agreement  with  counties  and  townships. 

Section  40.  Whenever  the  center  line  of  any  highway  constitutes 
the  dividing  line  between  any  borough  and  a  township  located  in  the 
same  county,  and  the  authorities  of  the  borough  shall  enter  into 
a  contract  with  the  commissioner  of  the  county  and  the  commissioners 
or  road  supervisors  of  the  township  to  grade,  curb,  and  macadamize 
or  pave  such  roadway  or  highway  in  accordance  with  the  provisions 
of  the  Act  of  the  20th  day  of  May,  one  thousand  nine  hundred  and 
thirteen,  page  two  hundred  and  sixty-seven,  entitled  "An 
act  providing  a  method  whereby  highways,  the  center  line  of  which 
constitutes  a  dividing  line  between  a  city  or  borough  and  a  township 
in  the  same  county,  may  be  altered  or  improved  and  the  cost  thereof 
apportioned,"  such  alteration  or  improvement  shall  be  constructed, 
and  subsequent  repairs  shall  be  made  under  the  supervision  of  the 
proper  authorities  of  the  said  borough,  and  in  compliance  with  the 
plans  and  specifications  to  be  agreed  upon,  in  writing,  between  said 
borough  and  the  commissioners  of  the  county  and  the  commissioners 
or  road  supervisors  of  the  said  township.  One  half  of  the  cost  of 
such  repairs  shall  be  borne  by  the  borough. 

Drafted  from  Section  1  and  2,  Act  of  May  20,  1913,  P.  L.  267. 

(3)  Streets  outside  the  borough  limits. 

Section  41.  The  boroughs  of  this  Commonwealth  may,  singly  or 
jointly  with  boroughs,  cities  or  counties,  appropriate  and  expend 
moneys  for  the  improvement  of  highways  outside  of  the  limits 
of  such  cities  or  boroughs,  for  the  purpose  of  connecting  improved 
streets  in  such  cities  or  boroughs  with  a  State  highway  or  State-aid 
highway;  Provided,  however,  That  the  part  of  the  highway  to  be 
improved  to  make  such  connection  outside  of  the  borough  limits  shall 
be  less  than  one  mile  in  length. 

Section  1,  Act  of  May  23,  1913,  P.  L.  336. 


75 


(i)    MAINTENANCE   AND   IMPEOVEMENT   OF   CONDEMNED 
AND  ABANDONED  TURNPIKES. 

Section  42.  When  any  turnpike,  or  part  thereof,  situate  in  the 
same  or  more  than  one  county,  be,  appropriated  or  condemned  for 
public  use,  free  of  tolls,  and  the  assessment  of  damages  therefor 
shall  have  been  paid  by  the  proper  county;  or  when  any  turnpike 
company  or  association  -has  or  may  abandon  its  turnpike,  or  any  part 
thereof;  or  when  any  turnpike  company  or  association,  owning  any 
turnpike,  has,  or  may,  be  dissolved,  such  turnpike,  or  part  thereof 
located  within  the  limits  of  any  borough  shall  be  properly  repaired 
and  maintained  at  the  expense  of  the  borough  in  which  the  said 
turnpike,  or  part  thereof,  lies,  or  the  same  may  be  improved,  by 
such  borough. 

Drafted  from  Section  1,  Act  of  April  25,  1907,  P.  L.  104, 
amending  Act  of  April  20,  1905,  P.  L.  237. 

(j)    MAINTENANCE   AND    IMPEOVEMENT   OF   KOADS   AND 
STEEETS  CONNECTING  COUNTY  EOADS. 

Section  43.  Whenever  any  county  shall  improve  any  road  located 
within  any  borough,  under  the  provisions  of  an  act  approved  May 
thirteen,  one  thousand  nine  hundred  and  nine,  page  five 
hundred  and  twenty-seven,  entitled  "AN  ACT  amending  an  act 
approved  the  twenty-second  day  of  April,  Anno  Domini,  nineteen 
hundred  and  five,  entitled  'An  act  to  amend  an  act,  entitled  'An  act 
providing  for  the  permanent  improvement  of  certain  public  roads 
or  highways  in  the  several  counties  of  this  Commonwealth,  making 
such  improved  roads  and  highways ( county  roads;  authorizing  the 
relocation,  opening,  straightening,  widening,  extension,  and  altera- 
tion of  the  same,  and  the  vacation  of  so  much  of  any  such  road  as 
may  thereby  become  necessary;  authorizing  the  taking  of  property 
for  such  improvement,  and  providing  for  the  compensation  therefor 
and  the  damage  resulting  from  such  taking;  providing  for  the  pay- 
ment of  the  costs  and  expenses  incurred  in  making  such  improve- 
ments, and  in  thereafter  repairing  and  maintaining  said  road,  and 
authorizing  the  levy  of  a  tax  to  provide  a  fund  for  such  purposes, 
approved  June  twenty-sixth,  one  thousand  eight  hundred  and  ninety- 
five;  providing  that  public  roads  and  highways  may  be  constructed, 
improved,  and  maintained  by  the  several  counties  of  the  Common- 
wealth as  county  roads,  whether  existing  by  other  authority  or  laid 
out  in  whole  or  in  part  by  virtue  of  this  act;  and  providing  that 
public  roads  and  highways  may  be  originally  located,  laid  out,  and 
established  for  the  purpose  of  such  construction,  improvement  and 
maintenance  by  the  several  counties,  in  the  manner  and  by  the' pro- 
cedure set  out  in  the  amended  act,  and  subject  to  other  provisions 
thereof;  providing  for  the  laying  out  of  a  system  of  main  thorough- 

76 


fares,  to  which  the  establishing,  construction,  improvement  and  main- 
tenance of  public  roads  by  the  counties  shall  be  restricted  after 
January  one,  one  thousand  nine  hundred  and  seven;  but  providing 
for  such  establishing,  construction,  improvement  and  maintenance 
of  roads  not  part  of  said  system,  upon  parties  interested  paying  not 
less  than  one-fourth  of  the  original  cost  of  construction;  and  pro- 
viding lliat  (lie  county  commissioners  of  any  county  may  provide 
rules  regulating  the  use  of  roads  constructed  and  maintained  by 
the  counties ;  and  prescribing  the  penalties  for  the  violation  thereof/ 
and  providing  that  public  roads  and  highways  located,  established, 
constructed  and  improved  by  the  several  counties,  in  the  manner  and 
by  the  procedure  set  out  in  the  said  acts,  shall  thereafter  be  town- 
ship or  borough  roads,  and  be  maintained  and  improved  by  the 
proper  township  or  borough,"  such  road  shall  by  ordinance  enacted 
by  the  borough  council  become  a  borough  road,  and  the  duty  of  main- 
taining and  keeping  the  same  in  repair  shall  devolve  upon  the  proper 
borough  in  which  such  road  lies. 

Drafted  from  Section  1,  Act  of  May  13,  1909,  P.  L.  527. 

Section  44.  Whenever  any  road  is  improved  by  a  county  in  ac- 
cordance with  the  provisions  of  an  act  of  Assembly,  approved  the 
eleventh  day  of  May,  one  thousand  nine  hundred  and  eleven,  en- 
titled "AN  ACT  providing  for  original  location,  laying  out  and 
construction  of  public  roads  or  highways  in  the  several  counties  of 
this  Commonwealth,  and  for  the  permanent  improvement  of  certain 
public  roads  or  highways  therein;  making  such  originally  constructed 
or  improved  roads  and  highways  county  roads;  authorizing  the  re- 
location, opening,  straightening,  widening,  extension  and  alteration 
of  the  same,  and  the  vacation  of  so  much  of  any  road  as  may  thereby 
become  unnecessary;  providing  that  the  county  commissioners  of 
any  county  may  prescribe  rules  regulating  the  use  of  roads  con- 
structed or  maintained  by  the  various  counties,  and  prescribing 
penalties  for  the  violation  thereof;  providing  for  the  taking  of  prop- 
erty for  such  improvement,  the  compensation  to  be  paid  therefor, 
and  the  payment  of  damages  resulting  from  such  taking,  and  the 
manner  in  which  such  damages  may  be  determined;  providing  for 
the  payment  of  the  costs  and  expenses  of  such  construction  or  im- 
provement and  in  thereafter  repairing  and  maintaining  said  roads; 
authorizing  the  levy  of  a  tax  or  the  issuing  of  bonds  to  provide  a 
fund  for  the  expense  thereof;  prescribing  the  method  for  improving 
a  county  road  lying  within  or  traversing  a  borough,  and  apportion- 
ing the  cost  of  such  improvement;  and  authorizing  the  vacation  of 
any  county  road,"  and  its  amendments,  and  when  a  borough  inter- 
venes between  two  ends  of  such  a  county  highway,  and  the  borough 
has  failed  to  properly  improve  the  street  or  streets  constituting  the 
shortest  and  most  reasonable  route  through  said  borough,  which  will 

77 


connect  the  two  ends  of  such  highway,  it  shall  be  lawful  for  the 
councils  of  such  borough  to  authorize,  by  ordinance,  that  the  proper 
officials  of  the  borough  contract,  with  the  county  commissioners, 
that  the  shortest  and  most  reasonable  route  through  said  borough 
connecting  the  two  ends  of  such  highway  be  improved.  Or,  when 
a  county  highway  terminates  at  the  corporate  limits  of  a  borough 
in  the  same  or  another  county,  and  connects  with  a  borough  street 
which  the  borough  has  failed  to  properly  improve  and  the  county 
commissioners  of  the  county  in  which  the  borough  is  located  deem 
the  improvement  of  such  borough  street  necessary,  in  order  to  make 
such  county  highway  easily  accessible  to  the  residents  of  the  borough 
or  to  the  traveling  public,  it  shall  be  lawful  for  the  councils  of  such 
borough  to  authorize,  by  ordinance,  that  the  proper  officials  of  the 
borough  contract  with  the  county  commissioners,  that  such  borough 
street  be  improved. 

Section  1,  Act  of  May  20,  1913,  P.  L.  273. 

Section  45.  Whenever  an  improvement  is  made  to  a  borough 
street  pursuant  to  the  preceding  section,  the  cost  of  such  improve- 
ment may  be  divided  between  the  borough  and  the  county.  The 
borough  ordinance  authorizing  the  improvement  shall  stipulate  what 
percentage  of  the  cost,  if  any,  shall  be  borne  by  the  borough, 
and  what  percentage  shall  be  borne  by  the  county.  The  con- 
tract for  any  such  improvement  may  be  taken  by  the  borough, 
upon  the  stipulation  of  the  county  to  pay  its  proportionate  share 
of  the  cost,  or  the  improvement  may  be  made  by  joint  contract. 

Section  1,  Act  of  May  20,  1913,  P.  L.  273. 

Section  46.  Before  any  highway  is  improved  under  sections  forty- 
four  and  forty-five  of  this  article,  the  proper  borough  officials  shall 
agree  with  the  county  commissioners  for  the  maintenance  of  such 
highway.  Such  agreement  may  provide  that  such  highway  shall  be 
kept  and  maintained  in  good  repair  by  the  borough,  or  it  may  pro- 
vide that  it  shall  be  kept  and  maintained  in  good  repair  by  the 
county,  and  the  cost  thereof  paid  by  the  borough  to  the  county. 

Section  1,  Act  of  May  20,  1913,  P.  L.  273. 

(k)  ASSESSMENT  OF  COST  OF  MUNICIPAL  IMPKOVEMENTS 
ON  PKOPEKTY  OUTSIDE  THE  BOKOUGH  LIMITS. 

Section  47.  Whenever  any  street,  alley,  or  highway,  entirely 
within  the  limits  of  any  borough,  shall  divide  the  said  borough 
from  any  other  municipality  or  township  located  in  the  same  county, 
the  property  on  the  side  of  said  street,  alley,  or  highway,  opposite 
the  present  line  of  said  borough  shall,  for  a  depth  of  one  hundred 
and  fifty  feet  from  said  line,  be  assessed  for  any  and  all  municipal 
improvements  to  or  on  the  streets,  alleys,  or  highways  on  which  the 

78 


said  property  shall  abut,  in  the  manner  provided  by  Chapter  six, 
Article  two,  as  it'  the  said  property  were  entirely  located  within  the 
limits  of  said  borough. 

Section  1,  Act  of  May  28,  1907,  P.  L.  287. 

(1)  EXPHXDlTrKKS  FOR  PAVING,  CUBBING  AND  MACADA- 
MIZING STRUTS,  LANES  AND  ALLEYS. 

Section  48.  The  corporate  authorities  of  every  borough  of  this 
Commonwealth  shall  have  authority  and  may,  in  their  discretion, 
expend  not  exceeding  one-half  of  the  annual  appropriation  for  roads 
and  streets,  in  curbing  and  paving  or  macadamizing  any  street, 
lane,  or  alley,  or  part  thereof,  in  such  borough:  Provided,  That 
nothing  contained  in  this  section  shall  prevent  the  said  authorities 
from  making  any  of  the  said  improvements  as  provided  by  this  act. 

Section  1,  Act  of  May  8,  1907,  P.  L.  183. 


CHAPTER  VI. 


AETICLE   VIII. 


PROCEEDINGS  FOR  THE  ASCERTAINMENT  AND  ASSESS- 
MENT OF  COSTS,  DAMAGES  AND  BENFITS  FOR  GRADING 
STREETS. 

Section  1.  On  petition  of  the  borough  or  any  person  interested 
to  the  court  of  common  pleas,  viewers  shall  be  appointed  as  provided 
in  Chapter  six,  Article  two,  Section  two  of  this  act,  who  shall  assess 
the  damages,  costs  and  expenses  of  the  grading  of  each  road,  street 
or  alley,  or  part  thereof  within  its  corporate  limits  upon  the  prop- 
erty benefited  according  to  benefits,  if  sufficient  can  be  found,  but 
if  not,  then  the  deficiency,  when  finally  ascertained,  shall  be  paid 
by  the  borough,  and  the  proceedings  of  said  viewers,  and  the  pro- 
ceedings on  their  report,  shall  be  as  provided  in  Chapter  six,  Article 
two,  of  this  act,  for  viewers  and  reports  of  viewers,  in  cases  of 
property  taken,  injured  or  destroyed. 

Part  of  Section  1,  Act  of  April  28,  1899,  P.  L.  100,  amend- 
ing Section  8,  Act  of  May  16,  1891,  P.  L.  75. 

Section  2.  In  addition  to  the  method  provided  in  section  one 
this  article,  in  all  cases  where  the  proper  authorities  of  any  borough, 
within  this  Commonwealth,  may  change  the  grade  or  lines  of  any 
street  or  alley,  or  in  any  way  alter  or  enlarge  the  same,  thereby 

6— C  79 


causing  damage  to  the  owner  or  owners  of  property  abutting  thereon, 
without  the  consent  of  such  owner,  or  in  case  they  fail  to  agree 
with  the  owner  thereof  for  the  proper  compensation  for  the  damage 
so  done  or  likely  to  be  done  or  sustained  by  reason  thereof,  or  by 
reason  of  the  legal  incapacity  of  such  owner  no  such  compensation 
can  be  agreed  upon,  the  court  of  common  pleas  of  the  proper  county, 
on  application  thereto  by  petition,  either  by  the  burgess  and  coun- 
cil of  such  borough  or  owner  of  the  property  -for  which  damage  is 
claimed,  or  any  one  on  behalf  of  either,  shall  appoint  three  disin- 
terested citizens  of  such  county,  who  shall  meet  upon  the  premises, 
at  a  time  by  them  to  be  appointed,  of  which  they  shall  give  ten  days' 
notice  by  handbills  posted  up  on  such  street  in  the  vicinity  of  the 
premises;  and  the  said  viewers  having  been  first  duly  sworn  or 
affirmed  to  perform  their  duties  justly  and  impartially  and  a  true 
report  make,  shall  view  the  said  street  or  alley,  and  premises  affected 
by  the  change  or  enlargement  thereof,  having  due  regard  to  and 
making  just  allowance  for  the  advantages  which  may  have  resulted 
or  which  may  seem  likely  to  result  to  the  owner  or  owners  of  prop- 
erty abutting  thereon,  for  which  damages  may  be  allowed  or  claimed, 
and  after  such  comparison  shall  estimate  and  determine  whether 
any,  and,  if  any,  how  much  damage  such  property  owner  may  have 
sustained,  or  seem  likely  to  sustain,  by  reason  thereof,  and  make 
report  of  the  same  to  the  next  term  of  court;  and,  if  no  exceptions 
be  filed  within  ten  days  thereafter,  the  court  shall  confirm  the  same 
and  enter  judgment  thereon  with  costs,  from  which  judgment  either 
party  shall  be  entitled  to  an  appeal  as  in  other  cases. 

Section  1,  Act  of  April  27,  1911,  P.  L.  89,  amending  Act 
of  May  24,  1878,  P.  L.  129. 

Seaman  v.  Washington  Boro.,  172  Pa.  467. 

Deer  v.  Sheraden  Boro.  220  Pa.  307. 

In  Re  Brady  Street,  99  Pa.  591. 

Section  3.  Each  viewer  appointed  in  pursuance  of  the  preceding 
section  shall  be  entitled  to  receive  one  dollar  and  fifty  cents  per  day, 
and  mileage  at  the  rate  of  ten  (10)  cents  per  mile  actually  and 
necessarily  traveled  by  each  viewer  from  his  residence  to  the  nearest 
point  of  the  street  or  alley  to  be  viewed. 

Section  1,  Act  of  June  24,  1895,  P.  L.  248,  amending  part 
of  Act  of  May  24,  1878,  P.  L.  129. 

Section  4.  An  appeal  may  also  be  taken  to  the  court  of  common 
pleas  in  accordance  with  the  provisions  of  Sections  11  and  12  of 
Chapter  VI,  Article  I  of  this  act. 

Drafted  in  view  of  the  decisions  in  Bowers  v.  Braddock 
Boro.  172  Pa.  596. 

Gwinner  v.  Railroad,  55  Pa.  126. 

80 


CHAPTEK  VI. 
AETICLE  IX. 


COLLECTION  BY  INSTALMENTS  OF  THE  COST  OP  GRADING 

STREETS. 

Section  1.  In  addition  to  the  methods  provided  for  the  pay- 
ment and  collection  of  the  costs  and  expense  of  grading  streets, 
alleys  or  any  highways,  or  parts  thereof,  by  the  boroughs  of  this 
Commonwealth,  said  boroughs  shall  have  power  to  ordain  that  said 
costs  and  expense  may  be  paid  and  collected  in  accordance  with 
the  provisions  of  this  article. 

Section  1,  Act  of  May  21,  1913,  P.  L.  277,  amending  Section 

1,  Act  of  June  15,  1911,  P.  L.  971. 

Section  2.  Whenever  the  council  of  any  borough  shall,  by  ordi- 
nance, authorize  the  grading  or  sub-grading  of  any  streets,  avenues, 
alleys,  courts,  or  any  highways  or  parts  thereof,  in  said  borough; 
and  the  entire  cost,  or  any  part  of  the  costs,  of  the  said  improvement, 
shall  be  assessed  against  the  properties  fronting  and  abutting  on  and 
along  said  improvement,  whether  by  the  foot-front  rule  or  according 
to  benefits;  it  shall  be  lawful  for  the  council  of  the  said  boroughs 
to  provide,  in  said  ordinance,  that  the  said  assessments  may  be 
paid  in  semi-annual  or  annual  instalments,  which  instalments  shall 
bear  interest  at  a  rate  not  execeeding  six  (6)  per  centum,  from  the 
date  of  the  commencement  of  the  work  or  construction  of  the  said 
improvement,  until  paid;  and  in  order  to  provide  for  the  payment 
of  the  cost  and  expense  of  such  improvement  as  it  progresses,  the 
council  of  said  borough  may  from  time  to  time,  issue  bonds  in 
such  sums  as  may  be  required,  in  all  to  an  amount  not  exceeding 
the  amount  of  said  assessments.  Said  bonds  shall  bear  the  name 
of  the  street,  avenue,  or  alley,  or  part  thereof,  to  be  improved,  and 
shall  rest  alone  for  their  security  and  payment  upon  the  said  as- 
sessments; and  shall  be  payable  at  periods  not  exceeding  five  (5) 
years  from  the  date  of  their  issue,  to  be  provided  in  the  ordinance 
directing  the  improvement;  and  shall  bear  interest  at  a  rate  not 
exceeding  six  (6)  per  centum  per  annum,  payable  semi-annually  or 
annually,  as  the  council  in  said  ordinance  shall  direct.  Said  bonds 
shall  be  negotiated  at  not  less  than  par,  and  the  proceeds  thereof 
applied  solely  to  the  payment  of  the  costs  of  said  improvement.  In 
case  the  said  bonds  are  not  negotiated  by  the  council,  they  may 
be  delivered  to  the  contractor  in  payment  of  the  work,  but  when 
so  delivered  must  be  at  their  par  value. 

Section  2,  Act  of  May  21,  1913,  P.  L.  277,  amending  Section 
2,  Act  of  June  15,  1911,  P.  L.  971. 

81 


Section  3.  Liens  to  secure  the  said  assessment^  shall  be  entered 
in  the  prothonotary's  office  of  the  proper  Bounty;  in  the  same  form 
and  with  like  effect,  and  shall  be  collected  in  the  same  manner,  as 
other  municipal  liens  aie  now  filed  and  collected,  according  to  the 
laws  of  this  Commonwealth  providing  for  the  filing  and  collection 
of  municipal  liens. 

Section  3,  Act  of  June  15,  1911,  P.  L.  971. 

Section  4.  Such  assessments  shall  be  payable  at  the  office  of  the 
borough  treasurer,  or  such  other  place  as  the  ordinance  shall  pro- 
vide, in  equal  semi-annual  or  annual  instalments,  with  interest  at 
the  rate  provided  in  said  bonds,  from  the  date  from  which  interest 
was  computed  on  the  amount  of  the  assessment,  or  so  much  as 
remains  unpaid  from  time  to  time,  until  all  said  assessments  and 
interest  are  fully  paid.  The  moneys  so  received  by  the  borough 
shall  be  applied  to  the  payment  of  said  bonds  exclusively. 

Section  4,  Act  of  June  15,  1911,  P.  L.  971. 

Section  5.  In  case  of  default  in  the  payment  ^of  any  semi-annual 
or  annual  instalment  of  said  assessment  and  interest,  for  a  period 
of  sixty  (60)  days  after  the  same  shall  become  due  and  payable, 
the  entire  assessment  and  accrued  interest  shall  become  due  and 
payable,  and  the  borough  solicitor  shall  proceed  to  collect  the 
same  under  the  provisions  of  the  general  laws  creating  and  regulating 
municipal  liens  and  proceedings  thereon. 

Section  5,  Act  of  June  15,  1911,  P.  L.  971. 

Section  6.  Any  owner  of  any  property,  against  whom  an  assess- 
ment shall  have  been  made  for  such  improvement,  shall  have  the 
right  to  pay  the  same,  or  any  part  remaining  unpaid,  in  full,  with 
irterest  thereon  to  the  next  semi-annual  payment  due  on  said 
assessment;  such  payment  shall  discharge  the  lien.  If  any  owner 
shall  subdivide  any  property  after  such  lien  attaches,  he  in  like 
manner  may  discharge  the  same  upon  any  subdivided  portion  thereof 
by  paying  the  amount  for  which  said  part  would  be  liable. 

Section  6,  Act  of  June  15,  1911,  P.  L.  971. 

Section  7.  Whenever  any  borough  shall  issue  improvement  bonds 
in  pursuance  of  this  article,  the  secretary  of  the  borough  council 
shall  keep  a  registry  book,  prepared  by  him,  in  which  the  said  bonds 
shall  be  registered.  Said  registry  shall  show  the  date  of  the  issue 
of  the  bond,  the  amount  of  the  bond,  the  name  and  address  of  the 
person,  firm  or  corporation  to  whom  the  same  is  issued,  which  shall 
also  be  noted  on  the  back  of  said  bond:  Provided,  however,  That 
the  said  bonds  may  be  transferred  at  any  time  by  proper  adjustments ; 
in  which  case  the  secretary  shall  make  the  proper  entry  of  the  said 


82 


assignments  in  said  registry  book  and  on  said  bonds,  and  file  said 
assignments  among  the  records  of  the  borough;  and  payment  of  said 
bonds  and  interest  thereon  shall  be  made  only  to  the  last  registered 
owner. 

Section  7,  Act  of  June  15,  1911,  P.  L.  971. 


CHAPTER  VI. 


ARTICLE  X. 


ROADS  AND  HIGHWAYS   CROSSING  RAILROADS. 


(A).     CONSTRUCTION  OF  CROSSINGS. 

Section  1.  .Except  as  in  this  article  otherwise  provided,  all  cross- 
ings of  railroads  by  highways  shall  be  above  or  below  the  grade 
thereof. 

Section  1,  Act  of  June  7,  1901,  P.  L.  531. 

Section  2.  Every  borough  constructing  a  highway  across  an  exist- 
ing railroad,  shall  construct  the  same  above  or  below  the  grade 
thereof,  unless  permitted,  in  the  manner  hereinafter  provided,  to 
construct  the  same  at  grade,  and  the  cost  of  said  work  shall  be  paid 
one-half  by  said  borough  and  one-half  by  the  railroad  company 
owning  said  railroad. 

Section  3,  Act  of  June  7,  1901,  P.  L.  531. 

Section  3.  Whenever  it  shall  be  desired  by  any  borough  con- 
si  ructing  a  new  highway  that  the  highway  should  be  so  constructed 
that  the  railroad  and  highway  shall  cross  each  other  at  the  same 
grade,  a  petition  shall  be  presented  by  the  borough  to  the  court  of 
common  pleas  of  the  district  within  which  said  crossing  is  situated, 
upon  ten  days'  notice  to  the  corporation  owning  said  railroad, 
describing  the  proposed  construction,  and  setting  forth  the  reasons 
that  are  supposed  to  make  the  same  necessary  or  desirable;  and  the 
court  of  common  pleas  shall  thereupon  have  jurisdiction  of  the 
parties  and  the  subject  matter  of  such  petition,  and  may  proceed 
summarily  or  otherwise,  and  upon  such  notice  as  it  shall  deem  suf- 
ficient, to  examine  the  matter,  either  by  evidence,  by  reference  to 
a  master  or  to  commissioners  or  otherwise,  and  if  satisfied  that  such 
construction  is  reasonably  required  to  accommodate  the  public  or 
to  avoid  execessive  expense  in  view  of  the  small  amount  of  traffic 
on  the  highway  or  railroad,  or  in  view  of  the  difficulties  of  other 
methods  of  construction,  or  for  other  good  and  sufficient  reasons, 

83 


then  it  shall  make  an  order  or  orders  permitting  such  crossing  at 
grade  to  be  established ;  and  it  may,  in  such  orders?  in  its  discretion, 
prescribe  what  gates,  signals  or  other  safeguards  shall  be  maintained 
by  the  railroad  company,  in  addition  to  the  signals  and  safeguards 
prescribed  by  statute;  and  all  such  orders  shall  be  binding  upon  the 
parties,  and  shall  be  observed  by  them;  all  costs  and  expenses  of 
the  proceedings  shall  be  ascertained  and  allowed  by  the  court  of 
common  pleas,  and  shall  be  paid  by  such  party  as  it  shall  decide, 
or  be  by  it  apportioned  between  the  parties,  and  may  be  collected  by 
execution  out  of  said  court. 

Section  4,  Act  of  June  7,  1901,  P.  L.  531. 

Section  4.  Any  borough  may  of  its  own  motion,  at  any  time,  at 
its  own  cost,  vacate  and  alter  any  railroad  grade  crossing  of  a 
highway,  within  its  limits,  by  passing  the  highway  over  or  under 
the  grade  of  the  railroad:  Provided,  That  no  highway  which  has 
been  constructed  at  grade,  by  permission  of  the  court  of  common 
pleas,  shall  be  so  altered  without  like  permission,  unless  by  agreement 
with  the  railroad  company :  And  Provided,  further,  That  such  alter- 
ation shall  not,  without  the  consent  of  the  railroad  company,  create 
steeper  gradient  than  the  established  gradient,  in  the  same  direction, 
upon  the  division  of  said  railroad  upon  which  the  crossing  is  located. 
The  said  borough  shall,  before  proceeding  with  the  work,  give  thirty 
days'  notice  to  the  railroad  company  of  the  proposed  vacation,  alter- 
ation and  change,  with  plans  and  details  thereof;  and  it  shall  be  the 
duty  of  the  railroad  company,  in  case  the  highway  is  to  be  carried 
under  the  railroad,  to  protect  and  support  the  railroad  tracks  during 
the  progress  of  the  work,  and  in  case  of  the  failure  of  the  railroad 
company  so  to  do,  the  borough  may  proceed  to  enter  upon  the  rail- 
road and  provide  for  such  protection  and  support. 

Section  6,  Act  of  June  7,  1901,  P.  L.  531. 

Section  5.  If  any  additional  lands  or  rights  or  easements  therein 
are  necessary  or  required  for  the  changes  of  highways,  or  the  loca- 
tions of  new  highways  or  passageways,  such  lands  may  be  taken  by 
the  borough  by  purchase  or  condemnation,  and  the  cost  of  the  same 
shall  be  deemed  a  part  of  the  cost  of  the  changes  and  alterations,  and 
paid  for  in  like  manner  as  the  other  expenses  thereof.  The  railroad 
companies  interested  in  the  proposed  improvements  shall  have  notice 
of  any  such  condemnation  proceedings,  and  the  right  to  be  heard 
therein,  and  no  such  purchase  shall  be  made  without  the  approval  of 
the  railroad  company. 

Section  7,  Act  of  June  7,  1901,  P.  L.  531. 

Section  6.  In  case  the  parties  interested  cannot  agree  upon  the 
damages  sustained  by  any  person,  through  the  alteration  of  the 
grade  of  any  public  highway,  as  aforesaid,  the  same  shall  be  deter- 

84 


mined  by  a  jury,  in  the  court  of  common  pleas  for  the  district  where 
the  crossing  and  property  are  situated,  upon  petition  brought  by 
any  party  so  claiming  to  be  damaged,  as  aforesaid,  within  one  year 
after  the  decree  of  the  court  shall  have  been  rendered  in  the  pro- 
ceedings aforesaid. 

Section  8,  Act  of  June  7,  1901,  P.  L.  531. 

(B).  VACATION  OF  GRADE  CROSSINGS. 

Section  7.  Wherever  any  railroad  is  or  shall  be  crossed  at  grade 
by  a  public  road,  street,  or  highway,  and  the  railroad  company  shall 
have  constructed  or  shall  construct,  or  there  shall  have  been  or 
shall  be  constructed  by  others,  with  such  company's  consent,  an 
undergrade  subway  or  an  overgrade  bridge  or  crossing  sufficiently 
near  said  public  crossing  to  reasonably  accomodate  the  traveling 
public,  the  court  of  quarter  sessions  of  the  county  in  which  the 
said  crossing  exists,  upon  petition  of  said  railroad  company  or  other 
persons,  may,  if  satisfied  that  said  undergrade  subway  or  overgrade 
bridge  or  crossing  reasonably  accommodates  the  traveling  public, 
after  notice  to  any  corporation  using  or  occupying  or  authorized  to 
use  or  occupy  the  street,  proposed  to  be  vacated,  wrth  tracks,  wires, 
pipes  or  conduits,  and,  by  rule  to  show  cause,  and  after  testimony, 
taken  either  in  open  court  or  by  deposition,  as  the  court  may  direct, 
order  that  said  road,  street,  or  highway  where  it  crosses  said  rail- 
road at  grade,  and  its  approaches  on  both  sides,  shall  be  vacated, 
and  that  the  said  undergrade  crossing  or  subway  or  the  overgrade 
bridge  or  crossing  and  its  approaches  on  both  sides,  substituted; 
therefor,  shall  be  a  public  highway,  and  be  maintained  by  the  proper; 
authorities;  and  any  company  which  had  rights  in  or  upon  the  street 
so  vacated  shall  have,  and  be  permitted  to  exercise,  the  same  rights 
upon  said  streets,  highways,  bridges,  and  subways,  so  opened,  and 
to  connect  the  same  with  its  system  without  obtaining  further  au- 
thority or  consent. 

Section  1,  Act  of  April  22,  1905,  P.  L.  295. 


CHAPTER  VI. 
ARTICLE  XI. 

(A).     PLANS  OF  STREETS. 

Section  1.  Every  borough  shall  have  a  general  plan  of  its  streets 
and  alleys,  including  those  which  have  been  or  may  be  laid  out,  but 
not  opened;  which  plan  shall  be  filed  in  the  office  of  the  engineer 

85 


or  other  proper  office  of  the  borough/  and  all  subdivisions  of  property 
thereafter  made  shall  conform  thereto.  The  location  of  streets  or 
alleys,  or  parts  thereof,  laid  'out  and  confirmed  by  authority  of 
councils;  shall  not  afterwards  be  altered  without  the  consent  of 
councils;  and  no  map  or  plot  of  streets  or  alleys,  shall  be  entered 
or  recorded  in  any  public  office  of  the  county  in  which  said  borough 
is  situated  until  approved  by  councils.  No  person  shall  hereafter 
be  entitled  to  recover  any  damages  for  the  taking  for  public  use 
of  any  buildings  or  improvements  of  any  kind  which  may  be  placed 
or  constructed  upon  or  within  the  lines  of  any  located  street  or 
alley,  after  the  same  shall  have  been  located  or  ordained  by  councils. 

Section  1,  Act  of  July  22,  1913,  P.  L.  902,  amending  Sec- 
tion 12,  Act  of  May  16,  1891,  P.  L.  75. 


(B).     LOCATION  OF  STKEETS. 

Section  2.  Every  borough  shall  have  power,  by  ordinance,  to  lo- 
cate streets  and  alleys,  and  to  include  therein  streets  and  alleys, 
or  parts  thereof,  theretofore  opened  or  used  for  highway  purposes ; 
and  to  locate  streets  or  alleys,  theretofore  opened  or  used  for  high- 
way purposes,  of  a  greater  width,  and  to  include  therein  such 
streets  or  alleys,  or  parts  thereof;  and  to  revise  the  lines  of  such 
streets  or  alleys  in  accordance  therewith,  and  to  place  the  same  on 
the  general  plan  of  the  streets  and  alleys  of  such  borough  of  such 
greater  width.  All  subdivisions  of  property  thereafter  made  shall 
conform  thereto. 

Section  1,  Act  of  May  15,  1913,  P.  L.  212,  supplementing 
Act  of  May  16,  1891,  P.  L.  75. 


Section  3.  No  such  location  shall  be  construed  to  authorize  the 
entry  upon,  taking,  or  appropriation  of  any  property,  within  such 
located  street  or  alley,  not  theretofore  opened  or  used  for  highway 
purposes;  nor  shall  the  same  interfere  in  any  way  with  the  rights 
of  the  owners  to  the  full  use  and  enjoyment  of  such  property,  except 
that,  whenever  thereafter  such  located  street  or  alley  shall  be  or- 
dered to  be  opened,  widened,  extended,  or  straightened  according 
to  such  location,  buildings  erected  upon  property  within  the  lines 
of  such  located  streets  or  alleys  after  such  location  was  made,  shall 
be  removed  at  the  expense  of  the  owner,  and  without  any  liability 
therefor  to  such  borough. 

Section  1,  Act  of  May  15,  1913,  P.  L.  212,  supplementing 
Act  of  May  16,  1891,  P.  L.  75. 


86 


CHAPTER  VI. 


• 


AUTICLE  XII. 
SIDEWALKS. 


(A).  GRADING,  PAVING  AND  REPAIRING  SIDEWALKS 
AND  CONSTRUCTING  AND  REPAIRING  CURBS  AND  GUT- 
TERS. 

Section  1.  That  all  boroughs  are  hereby  authorized  and  em- 
powered to  direct  and  require  the  grading,  paving,  repaying  and 
repairing  of  all  sidewalks  on  the  streets  of  the  borough,  and  the 
constructing  and  repairing  of  curbs  and  gutters  at  the  edge  of  the 
sidewalks,  by  the  owner  or  owners  of  the  lot  or  lots  of  ground 
fronting  thereon,  in  accordance  with  the  general  borough  regulations. 

Section  1,  Act  of  April  20,  1905,  P.  L.  235. 
.  McDevitt  v.  Gas  Co.,  160  Pa.  367. 

Section  2.  On  the  neglect  or  refusal  of  the  owner  or  owners  of 
the  lot  or  lots,  as  aforesaid,  to  comply  with  such  requirements  and 
directions,  the  officers  of  the  borough  may  cause  the  grading,  paving, 
repaying,  repairing,  curbing,  recurbing,  guttering  and  reguttering, 
ns  aforesaid,  to  be  done  at  the  cost  of  such  owner  or  owners  of  the 
lot  or  lots,  and  may  collect  the  cost  thereof  and  ten  per  centum 
additional,  together  with  all  charges  and  expenses,  from  such  owner 
or  owners,  and  may  file  a  municipal  lien  therefor  against  such  lot 
or  lots. 

Section  2,  Act  of  April  20,  1905,  P.  L.  235. 

Section  3.  Boroughs  may  require  sidewalks,  boardwalks  and  curb- 
stone to  be  laid,  set  and  kept  in  repair,  and  after  notice  to  the 
owner  or  owners  of  property  to  lay,  set  or  repair  such  walks  or 
stone  in  front  of  his,  her  or  their  property,  and  his,  her  or  their* 
failure  to  do  so,  the  boroughs  may  do  the  necessary  work  and  assess 
the  cost  thereof  upon  the  property  of  said  owner  or  owners  in  front 
or  along  which  said  walk  or  curbstone  so  laid,  set  or  repaired,  shall 
be  situate,  and  file  a  lien  therefor  or  collect  the  same  by  action 
of  assumpsit. 

Section  11,  Act  of  May  16,  P.  L.  75. 

Section  4.     All  notices  to  build  or  repair  sidewalks  in  any  borough 
of   this   Commonwealth,   issued   by   the   borough   authorities   under 
their  regulations,  shall  be  served  upon  the  owner  of  the  premises  to 
,'hich  such  notice  refers,  if  said  owner  be  a  resident  of  the  borough. 


87 


If  said  owner  be  not  such  resident,  then  said  notice  may  be  served 
en  the  agent  or  tenant  of  said  owner  or  upon  the  occupant  of  said 
premises.  If  said  owner  have  no  agent  or  tenant,  or  there  be  no 
occupier  of  said  premises,  then  by  printed  or  written  notice  tacked 
upon  the  premises. 

Section  1,  Act  of  May  24,  1901,  P.  L.  297. 

Section  5.  The  town  councils  of  the  several  boroughs  of  this  State 
may,  in  their  discretion,  pay  a  portion  of  the  cost  and  expense  of 
grading  and  curbing  sidewalks. 

Section  1,  Act  of  June  19,  1901,  P.  L.  573. 

Section  6.  Complaint  may  be  made  to  the  next  court  of  quarter 
sessions,  of  the  proper  county,  upon  entering  into  recognizance, 
with  sufficient  security  according  to  law,  to  prosecute  the  same  with 
effect,  and  for  the  payment  of  costs,  by  any  person  aggrieved  in  con- 
sequence of  any  ordinance,  regulation  or  act  done,  or  purporting  to 
be  done,  and  the  determination  and  order  of  the  said  court  thereon 
shall  be  conclusive. 

Section  27,  Clause  2,  Act  of  April  3,  1851,  P.  L.  320,  as 
amended  by  Section  2,  Act  of  May  22,  1883,  P.  L.  39. 

Section  7.  Upon  the  complaint  of  any  person  or  persons  ag- 
grieved by  any  regulation,  in  relation  to  the  grading  or  other  regula- 
tions of  sidewalks,  pavements,  gutters  and  culverts,  the  said  court 
shall  take  such  order  as  may  be  just  and  reasonable,  and  the  final 
order  of  the  said  court  shall  be  conclusive. 

Section  27,  Clause  3,  Act  of  April  3,  1851,  P.  L.  320,  as 
amended  by  Section  2,  Act  of  May  22,  1883,  P.  L.  39. 

(B).     LAYING  OUT  SIDEWALKS,  GUTTEES,  CULVERTS  AND 
DRAINS  ALONG  THE  SIDES  OF  TURNPIKE  ROADS. 

Section  8.  Whenever  the  burgess  and  town  council  of  any 
borough  shall  open  or  be  about  to  open,  or  to  survey,  lay  out,  enact 
and  ordain  footwalks,  pavements,  gutters,  culverts  and  drains,  over 
and  upon  the  lands  abutting  on  and  along  the  sides  of  turnpike  roads 
which  may  be  within  the  limits  of  said  borough,  and  to  fix  the  size 
and  width  thereof,  it  shall  be  lawful  for  said  burgess  and  town 
council,  or  a  majority  of  them,  to  apply  by  petition  to  the  court  of 
common  pleas  of  the  proper  county,  setting  forth  the  facts,  and  de- 
scribing the  locality  of  such  footwalks,  pavements,  gutters  and  drains, 
and  praying  said  court  to  appoint  three  disinterested  freeholders 
of  such  county,  who  after  being  first  duly  sworn  or  affirmed  to  per- 
form their  duties  with  impartiality  and  fidelity,  shall  proceed  to  view 
the  premises  described  in  said  petition,  having  regard  to  both  the 
advantages  and  disadvantages,  caused  to  the  several  properties  along 

88 


the  line  of  said  improvement,  and  shall  assess  and  allow  to  all 
pel-sons  injured  thereby  such  damages  as  they  shall  have  sustained, 
respectively,  over  and  above  all  advantages,  and  shall  also  make 
assessments  for  contribution  upon  all  such  properties  as  shall  be 
belief  Hod  by  laying  out,  enactment  and  ordaining  of  such  footwalks, 
pavements,  gutters,  culverts  and  drains,  such  sums,  respectively, 
as  (hey  may  have  been  benefited  over  and  above  all  disadvantages. 

Section  1,  Act  of  May  2,  1901,  P.  L.  113,  amending  Section 
1,  Act  of  April  22,  1856,  P.  L.  525. 

Mercersburg  College,  53  Sup.  Ct,  388. 

Section  9.  The  said  viewers  shall  make  report  of  their  proceedings 
in  writing  to  the  next  session  of  said  court,  describing  the  properties 
u pon  which  assessments  have  been  made,  specifically  stating  whether 
for  contribution  or  for  damages,  with  the  amounts  respectively,  and 
the  said  court  may  at  the  next  session  thereafter,  or  at  any  subse- 
quent session,  on  the  hearing  of  such  parties  as  choose  to  contest 
the  same,  modify,  approve  and  confirm  the  said  report,  which  con- 
firmation shall  be  final  and  conclusive  upon  all  parties;  and  the 
said  burgesses  and  council  may  proceed  to  collect  all  such  damages 
and  assessments  for  contribution,  in  the  same  manner  as  other  debts 
due  such  boroughs  are  by  law  collectible. 

Section  2,  Act  of  April  22,  1856,  P.  L.  525. 


CHAPTEK  VI. 


AKTTCLE  XIII. 


SEWEKS. 


(a)    POWER  TO  ORDAIN,  AND  ASSESSMENT  OF  DAMAGES 

AND  BENEFITS. 

Section  1.  Every  borough  shall  have  power  to  survey,  lay  out  and 
ordain  such  common  sewers  as  may  be  deemed  necessary. 

Section  2,  01.  2,  Act  of  April  3,  1851,  P.  L.  320. 

Section  2.  Every  borough  shall  have  power  to  lay  out  and  estab- 
lish sewers  and  drains  in  any  street  or  alley  or  through,  or  on,  or 
over  private  property. 

Section  1,  Act  of  April  28,  1899,  P.  L.  100,  amending  Sec- 
tion 8,  Act  of  May  16,  1891,  P.  L.  75. 
See  McDonough  v.  Washington  Boro,  20  Pa.  C.  C.  345. 

89 


Section  3.  On  petition  viewers  shall  be  appointed  as  provided 
in  Chapter  VI  Article  II,  Section  2,  of  this  act,  who  shall  assess 
the  damages,  costs  arid  expenses  of  the  sewer  or  part  thereof  within 
its  corporate  limits  upon  the  property  benefited  according  to  benefits, 
if  sufficient  can  be  found,  but  if  not,  then  the  deficiency,  when  finally 
ascertained,  shall  be  paid  by  the  borough  and  the  proceedings  of  said 
viewers  and  the  proceedings  on  their  report  shall  be  as  provided  in 
Chapter  VI,  Article  II  of  this  act,  for  viewers  and  reports  of  viewers, 
in  cases  of  property  taken,  injured  or  destroyed. 

Part  of  Section  1,  Act  of  April  28,  1899,  P.  L.  100,  amending 
Section  8,  Act  of  May  16,  1891,  P.  L.  75. 

(b)  POWER  TO  ADOPT  SEWER  SYSTEMS  AND  COLLECT 
COST  ACCORDING  TO  FOOT  FRONT  RULE  OR  OTHER- 
WISE. 

Section  4.  The  burgess  arid  town  council  of  any  borough  within 
this  Commonwealth,  now  or  hereafter  to  be  incorporated,  shall  have 
full  power  and  authority,  by  ordinance  or  ordinances  duly  passed, 
to  adopt  and  construct  such  system  or  systems  of  public  sewerage 
as  in  the  judgment  of  the  said  council  may  be  necessary,  from  time  to 
time,  for  the  disposal  of  the  waste  water  and  other  sewage  matter 
from  the  said  borough;  and  for  this  purpose  the  said  burgess  and 
council  shall  have  full  power  to  fix  the  place  or  places  in  and  along 
the  streets,  lanes,  alleys,  courts,  or  highways  in  said  borough,  where 
sewer-mains  or  drains,  and  branches  thereof,  shall  be  laid  down,  and 
to  prescribe  the  manner  in  which  they  shall  be  constructed:  Pro- 
vided, That  no  contract  for  the  construction  of  any  system  or 
systems  of  public  sewers  shall  be  entered  into  until  a  permit  for 
the  construction  of  the  same  shall  have  been  obtained  from  the 
Commissioner  of  Health. 

Section  1,  Act  of  April  23,  1907,  P.  L.  97,  amending  Act  of 
May  1,  1889,  P.  L.  220. 

See  McDonough  v.  Washington  Boro,  20  Pa.  C.  C.  345. 

Section  5.  Whenever  any  borough  shall  determine  to  construct 
any  public  sewer  as  provided  in  the  preceding  section,  it  shall 
have  power,  by  ordinance  or  ordinances  duly  passed  to  assess  the 
cost  thereof  as  a  sewage  tax  upon  the  property  adjoining  or  adjacent 
to  the  same,  either  by  the  foot-front  or  in  such  other  manner  and  in 
such  proportions  and  amounts  as  to  the  burgess  and  town  council 
may  seem  just  and  equitable,  which  assessment  of  sewage  tax, 
duly  certified  under  the  seal  of  the  said  borough,  attested  by  the 
burgess  or  the  president  of  council  and  clerk  thereof,  shall  be  col- 
lectible from  the  owner  of  such  property  as  debts  of  like  amount 
are  now  by  law  collectible,  and  such  certificate  of  assessment  shall 
be  prima  facie  evidence  in  any  suit  for  recovering  the  same,  of  the 
correctness  and  validity  thereof:  Provided,  That  nothing  shall  pre- 
90 


vent  the  construction  of  any  public  sewer  and  the  payment  of  the 
same  by  general  taxation,  when  the  same  is  for  the  general  health 
and  public  welfare  of  said  borough. 

Section  2,  Act  of  May  1,  1889,  P.  L.  220. 

Section  0.  If  the  owner  of  any  property  against  which 
an  assessment  for  sewage  tax  has  been  laid,  as  provided  for  in  the 
preceding  section,  shall  fail  or  refuse  to  pay  such  assessment  within 
sixty  days  alter  having  notice  of  the  same,  it  shall  be  lawful  for  the 
said  borough,  in  its  corporate  name,  to  immediately  file  a  claim 
therefor  in  the  court  of  common  pleas  of  the  proper  county,  against 
the  property  upon  which  said  assessment  is  laid.  And  said  lien  shall 
be  filed  and  collected  in  the  same  manner  as  municipal  claims  are 
filed  and  collected  in  this  Commonwealth. 

Section  3,  Act  of  May  1,  1889,  P.  L.  220. 
See  Act  of  1901,  P.  L.  364. 

Section  7.  The  burgess  and  town  council  of  any  borough,  upon 
adopting  and  proceeding  to  construct  a  system  of  public  sewage, 
shall  have  full  power  and  authority  by  ordinance  or  ordinances  duly 
passed  to  provide  for  and  regulate  the  manner  in  which,  and  the 
terms  upon  which,  connections  therewith  by  property  owners  may  be 
made,  and  whenever  the  said  borough  shall  deem  it  necessary  and 
proper  for  the  preservation  of  the  public  health  or  for  other  cause, 
either  upon  the  report  of  any  health  committee  or  board  of  health 
or  otherwise,  that  any  property  owner  should  connect  his  or  her 
premises  with  the  public  sewer,  for  the  purpose  of  having  the  fecal 
matter  and  other  waste  therefrom  discharged  into  such  sewer,  the 
burgess  and  town  council  thereof  shall  have  power  to  compel  such 
connection  to  be  made,  whenever  such  property  abuts  upon  or  is 
within  fifty  feet  of  a  sewer  main  or  branch  thereof,  in  the  same  man- 
ner and  under  the  same  regulations  as  other  connections  with  said 
sewer  are  made. 

Section  4,  Act  of  May  1,  1889,  P.  L.  220. 

Section  8.  And  if  any  property  owner,  after  sixty  days'  notice 
so  to  do  by  resolution  of  the  said  council,  shall  refuse  to  have  his 
premises  so  connected,  it  shall  be  lawful  for  the  said  burgess  and 
council  to  enter  upon  said  premises  and  have  the  same  done,  and 
to  collect  the  cost  thereof  as  a  sewage  tax  from  such  property  owner, 
either  by  personal  action  or  by  lien  against  the  premises,  in  the  same 
manner  as  is  hereinbefore  provided  for  the  collection  of  other  sew- 
age tax. 

Section  4,  Act  of  May  1,  1889,  P.  L.  220. 


91 


Section  9.  The  said  council  shall  also  have  power  to  enforce  by 
appropriate  penalties,  such  regulations  as  it  may  Ordain  with  refer- 
ence to  the  proper  use,  connection  with  and  maintenance  of  such 
sewage  system. 

Section  4,  Act  of  May  1,  1889,  P.  L.  220. 

Section  10.  To  effectually  carry  out  the  foregoing  provisions  the 
burgess  and  town  council  of  any  borough  shall  have  full  power  to 
do  and  ordain  whatever  may  be  necessary  in  order  to  secure  proper 
and  safe  disposal  of  the  sewage  from  any  borough;  and  for  this 
purpose  it  shall  be  lawful  for  the  said  burgess  and  town  council  to 
extend  the  necessary  sewer  mains  or  outlets  beyond  the  limits  of 
such  borough  to  the  point  or  points  where  such  sewage  is  to  be  de- 
posited ;  and  the  said  borough,  by  its  agents,  engineers  and  workmen, 
shall  have  full  power  to  enter  upon  and  construct  such  mains  or  out- 
lets in  and  along  any  public  highway,  or  in  and  across  any  private 
lands,  at  such  place  or  places  and  in  such  manner  as  shall  by  ordi- 
nance be. directed,  and  likewise  to  enter  upon,  condemn  and  take 
such  lands,  property  or  materials  for  the  construction  of  all  such 
sewer  mains  or  outlets  and  works  as  may  be  necessary  for  the  dis- 
posal of  such  sewage:  Provided,  however,  That  no  borough  ordinance 
for  the  construction  of  any  sewer  beyond  borough  limits,  or  works 
connected  therewith,  shall  be  adopted  until  notice  thereof  has  been 
given,  by  the  publication  of  the  proposed  ordinance  at  length  for 
at  least  four  weeks  in  not  less  than  one  newspaper  published  in 
said  borough,  or  in  the  county  in  which  said  borough  is  situate,  and 
also  by  having  copies  of  such  proposed  ordinance  served  upon  all 
land-owners  through  whose  land  such  sewer  is  to  pass,  at  least  ten 
days  before  final  action  thereon. 

Section  5,  Act  of  May  1,  1889,  P.  L.  220. 

Section  11.  Before  any  entry  shall  be  made  upon  private  property, 
without  the  owner's  consent,  for  the  purpose  of  laying  down  any 
sewer  or  outlet  therefrom  or  constructing  works  connected  therewith 
as  provided  for  in  the  preceeding  section,  security  for  all  damages 
which  may  be  done  thereby  shall  first  be  given  to  such  owner,  in 
such  form  and  in  such  amount  as  a  court  of  common  pleas  of  the 
proper  county  may  direct,  and  all  damages  caused  by  the  construction 
of  any  such  sewer  or  sewer  works,  or  by  the  taking  of  lands  and  ma- 
terials therefore,  shall  be  ascertained  in  the  same  manner  as  dam- 
ages for  the  taking  of  lands  for  railroad  purposes  are  now  ascertained 
in  this  Commonwealth,  and  shall  be  laid  out  of  the  borough  treasury. 

Section  6,  Act  of  May  1,  1889,  P.  L.  220. 


92 


(c)     JOINT  SEWERS. 

Section  12.  Whenever  in  the  construction  of  a  sewage  system, 
including  trunk-line  sewers  or  drains  and  a  sewage-disposal  plant  or 
plants,  or  either,  after  plans  and  specilications  have  been  prepared 
and  submitted  to  the  State  Department  of  Health,  and  approved  in 
accordance  with  the  Act  of  Assembly  of  April  twenty-second,  one 
thousand  nine  hundred  and  five,  entitled  "An  act  to  preserve  the 
purity  of  the  waters  of  the  State,  for  the  protection  of  the  public 
health,"  it  shall  be  necessary  or  advisable  for  any  borough  and  a 
municipality  or  a  township,  to  use  such  sewage  system  in  common, 
then,  and  in  such  case,  such  borough  may  unite  with  a  municipality 
or  township  in  the  construction  and  ownership  of  such  sewage  system, 
and  shall  jointly  maintain  the  same. 

Section  2,  Act  of  June  15,  1911,  P.  L.  966,  amending  Sec- 
tion 1,  of  Act  of  May  1,  1909,  P.  L.  306. 

Section  13.  Any  borough  is  hereby  authorized  to  enter  into  an 
agreement  with  any  municipality  or  township  for  the  purpose  of 
building  sewers  as  provided  in  the  preceding  section  of  this  act. 

Section  2,  Act  of  June  15,  1911,  P.  L.  966,  amending  Section  2, 

Act  of  May  1,  1909,  P.  L.  306. 

Section  14.  Any  borough  may  connect  with  the  sewer  or  sewers 
owned  by  any  adjacent  or  adjoining  municipality,  for  sewage  pur- 
poses, in  the  manner  and  subject  to  the  conditions  prescribed  in 
Section  fifteen  of  this  article. 

Section  1,  Act  of  July  17,  1901,  P.  L.  668. 

Section  15.  Whenever  any  borough  shall  desire  to  connect  with 
the  sewer  of  any  adjacent  municipality,  for  sewage  purposes,  an 
application  shall  be  made  by  councils  to  the  court  of  quarter  sessions 
of  the  proper  county,  setting  forth  that  fact;  and  if  the  court  shall 
be  of  the  opinion  that  this  can  be  done  without  in  any  way  impairing 
the  usefulness  of  the  existing  sewer,  it  shall  appoint  three  viewers, 
who  shall  personally  view  and  inspect  the  sewer  and  the  proposed 
connection  therewith,  and  investigate  all  other  facts  in  the  case, 
and  levy  and  assess  the  damages,  or  proportionate  part  of  the  ex- 
pense of  building  the  original  sewer,  which  the  petitioning  borough 
jriiould  pay,  and  also  fix  the  proportion  of  the  expense  for  repairs 
winch  each  municipality  shall  thereafter  bear,  and  determine  all  other 
questions  liable  to  arise  in  connection  therewith;  and  thereupon 
roj  ort  to  the  court  the  result  of  their  investigation  and  deliberations, 
which  paid  report  shall  be  confirmed  within  thirty  days  after  the 
filing,  unless  an  appeal  should  be  taken  therefrom,  which  appeal  shall 


93 


be  prosecuted  as  similar  appeals  are  now  by  law  required  to  be 
prosecuted;  and  either  party  may  appeal  from  th%  decision  of  the 
court  of  quarter  sessions  to  the  Superior  Court. 

2,  Act  of  July  17,  1901,  P.  L.  668. 


(d)     ACQUISITION  OF  SEWEE  SYSTEMS. 

Section  16.  It  shall  be  lawful  for  any  borough  in  which  any  cor- 
poration created  and  existing  under  and  by  virtue  of  the  laws  of  this 
Commonwealth,  or  any  person  or  persons  or  unincorporated  asso- 
ciations, have  constructed  and  are  maintaining  or  may  hereafter  con- 
struct and  maintain  sewers,  culverts,  conduits,  and  pipes,  with  the 
necessary  inlets  and  appliances,  for  surface,  under  surface  and  sew- 
age drainage,  to  become  the  owners  of  such  sewers,  culverts,  con- 
duits, and  pipes,  with  the  necessary  inlets  and  appliances,  for  surface, 
under  surface,  and  sewage  drainage,  and  the  property  of  such  com- 
pany, person  or  persons,  or  unincorporated  associations,  by  paying 
therefor  the  actual  value  of  the  same  at  the  time  of  taking  by  the 
borough. 

Section  1,  Act  of  July  21,  1913,  P.  L.  865,  amending  Section 
1,  Act  of  April  19,  1901,  P.  L.  82. 

Section  17.  In  case  of  disagreement  as  to  the  amount  to  be  paid, 
the  same  shall  be  ascertained  in  the  same  manner  as  damages  are  as- 
certained for  private  property  taken,  injured  or  destroyed  by  reason 
of  improvements  under  Chapter  VI,  Article  II  of  this  act. 

Section  2,  Act  of  April  19,  1901,  P.  L.  82. 

Section  18.  Whenever  the  amount  to  be  paid  by  any  borough  to 
any  corporation,  person  or  persons,  or  unincorporated  association, 
for  the  acquisition  of  sewers,  culverts,  conduits  and  pipes,  with  the 
necessary  inlets  and  appliances,  shall  have  been  ascertained,  it  shall 
be  lawful  for  the  court  of  common  pleas  of  the  proper  county,  or 
any  law  judge  thereof  in  vacation,  on  application  thereto  by  petition 
by  said  municipal  corporation  or  any  person  interested,  to  appoint 
viewers,  who  shall  assess  the  costs  and  expenses  of  the  sewers,  cul- 
verts, conduits  and  pipes,  with  the  necessary  inlets  and  appliances, 
acquired  by  said  municipality,  upon  the  property  benefited,  accord- 
ing to  benefits,  if  sufficient  can  be  found;  but,  if  not,  then  the  de- 
ficiency when  finally  ascertained  shall  be  paid  by  the  borough;  and 
the  proceedings  of  said  viewers,  and  the  proceedings  on  their  report 
shall  be  as  provided  in  Chapter  VI,  Article  II  of  this  act. 

Section  2,  Act  of  July  21,  1913,  P.  L.  865,  amending  Act  of 
April  19,  1901,  P.  L.  82,  by  adding  Section  3. 


94 


(e)     COLLECTION    BY    INSTALLMENT    OF    THE    COST    OP. 
nriLDING  AND   ACQUIEING   SEWERS  AND   SEWEE   SYS- 
TEMS. 

Section  19.  In  addition  to  the  methods  provided  for  the  payment 
and  collection  of  the  costs  and  expense  of  building  and  acquiring 
sewers  and  server  systems,  by  the  boroughs  of  this  Commonwealth, 
said  boroughs  shall  have  power  to  ordain  that  said  costs  and  ex- 
pense may  be  paid  and  collected  in  accordance  with  the  following 
provisions. 

Section  1,  Act  of  May  21,  1913,  P.  L.  277,  amending  Section 

1,  Act  of  June  15,  1911,  P.  L.  971. 

Section  20.  Whenever,  the  council  of  any  borough,  in  this  Com- 
monwealth shall,  by  ordinance,  authorize  the  construction,  or  build- 
ing, or  acquisition  of  any  sewer  or  system  of  sewers;  and  the  entire 
cost,  or  any  part  of  the  costs,  of  the  said  improvement,  shall  be  as- 
sessed against  the  properties  fronting  and  abutting  on  and  along  said 
improvement',  whether  by  the  foot-front  rule  or  according  to  bene- 
fits; it  shall  be  lawful  for  the  council  of  the  said  boroughs  to  provide, 
in  said  ordinance,  that  the  said  assessments  may  be  paid  in  semi- 
annual or  annual  installments,  which  installments  shall  bear  interest 
at  a  rate  not  exceeding  six  (6)  per  centum,  from  the  date  of  the 
commencement  of  the  work  or  construction  of  the  said  sewer  or 
sewer  system,  until  paid;  and  in  order  to  provide  for  the  payment 
of  the  cost  and  expense  of  such  improvement  as  it  progresses,  the 
council  of  said  borough  may,  from  time  to  time,  issue  bonds  in  such 
sums  as  may  be  required,  in  all  to  an  amount  not  exceeding  the 
amount  of  said  assessments.  Said  bonds  shall  bear  the  name  of  the 
sewer  system  built,  and  shall  rest  alone  for  their  security  and  pay- 
ment upon  the  said  assessments ;  and  shall  be  payable  at  periods  not 
exceeding  five  (5)  years  from  the  date  of  their  issue,  to  be  provided 
in  the  ordinance  directing  the  improvement;  and  shall  bear  interest 
at  a  rate  not  exceeding  six  (6)  per  centum  per  annum,  payable  semi- 
aimnally  or  annually,  as  the  council  in  said  ordinance  shall  direct. 
Said  bonds  shall  be  negotiated  at  not  less  than  par,  and  the  proceeds 
thereof  applied  solely  to  the  payment  of  the  costs  of  said  improve- 
ment. In  case  the  said  bonds  are  not  negotiated  by  the  council, 
Iliey  may  be  delivered  to  the  contractor  in  payment  of  the  work,  but 
when  so  delivered  must  be  at  their  par  value. 

Section  2,  Act  of  May  21,  1913,  P.  L.  277,  amending  Section 

2,  Act  of  June  15,  1911,  P.  L.  971. 

Section  21.  Liens  to  secure  the  said  assessment  shall  be  entered 
in  the  prothonotary's  office  of  the  proper  county;  in  the  same  form 
and  with  like  effect,  and  shall  be  collected  in  the  same  manner,  as 

7— C  95 


other  municipal  liens  are  now  filed  and  collected,  according  to  the 
laws  of  this  Commonwealth  providing  for  the  filing  and  collection  of 
municipal  liens. 

Section  3,  Act  of  June  15,  1911,  P.  L.  971. 

Section  22.  Such  assessments  shall  be  payable  at  the  office  of 
the  borough  treasurer,  or  such  other  place  as  the  ordinance  shall 
provide,  in  equal  semi-annual  or  annual  installments,  with  interest 
at  the  rate  provided  in  said  bonds,  from  the  date  from  which  in- 
terest was  computed  on  the  amount  of  the  assessment,  or  so  much  as 
remains  unpaid  from  time  to  time,  until  all  said  assessments  and 
interest  are  fully  paid.  The  moneys  so  received  by  the  borough 
shall  be  applied  to  the  payment  of  said  bonds  exclusively. 

Section  4,  Act  of  June  15,  1911,  P.  L.  971. 

Section  23.  In  case  of  default  in  the  payment  of  any  semi-annual 
or  annual  installment  of  said  assessment  and  interest,  for  a  period 
of  sixty  (60)  days  after  the  same  shall  become  due  and  payable,  the 
entire  assessment  and  accrued  interest  shall  become  due  and  pay- 
able, and  the  borough  solicitor  shall  proceed  to  collect  the  same  under 
the  provisions  of  the  general  laws  creating  and  regulating  municipal 
liens  and  proceedings  thereon. 

Section  5,  Act  of  June  15,  1911,  P.  L.  971. 

Section  24.  Any  owner  of  any  property,  against  whom  an  assess- 
ment shall  have  been  made  for  such  improvement,  shall  have  the 
right  to  pay  the  same,  or  any  part  remaining  unpaid,  in  full,  with 
interest  thereon,  to  the  next  semi-annual  payment  due  on  said  as- 
sessment ;•  such  payment  shall  discharge  the  lien.  If  any  owner  shall 
sub-divide  any  property  after  such  lien  attaches,  he  in  like  manner 
may  discharge  the  same  upon  any  sub-divided  portion  thereof  by 
paying  the  amount  for  which  said  part  would  be  liable. 

Section  6,  Act  of  June  15,  1911,  P.  L.  971. 

Section  25.  Whenever  any  borough  shall  issue  bonds  in  pursuance 
of  this  act,  the  secretary  of  the  borough  council  shall  keep  a  registry 
book,  prepared  by  him,  in  which  the  said  bonds  shall  be  registered. 
Said  registry  shall  show  the  date  of  the  issue  of  the  bond,  the  amount 
of  the  bond,  the  name  and  address  of  the  person,  firm,  or  corporation 
to  whom  the  same  is  issued,  which  shall  also  be  noted  on  the  back 
of  said  bond :  Provided,  however,  That  the  said  bonds  may  be  trans- 
ferred at  any  time  by  proper  adjustments ;  in  which  case  the  secretary 
shall  make  the  proper  entry  of  the  said  assignments  in  said  registry 
book  and  on  said  bonds,  and  file  said  assignments  among  the  records 
of  the  borough;  and  payment  of  said  bonds  and  interest  thereon 
shall  be  made  only  to  the  last  registered  owner. 

Section  7,  Act  of  June  15,  1911,  P.  L.  971. 

96 


(f)  POWER  WITH  REGARD  TO  SEWER  CONNECTIONS. 

Section  26.  The  burgess  and  town  council  of  any  borough  in  this 
Commonwealth  shall  have  power,  by  resolution  or  ordinance  duly 
enacted,  to  require  any  owner  of  property  in  the  borough,  abutting 
on  or  adjoining  any  street  or  alley  in  which  is  a  public  sewer,  to 
make  connection  with  such  sewer,  in  such  manner  and  under  such 
regulations  as  the  borough^ may  order,  for  the  purpose  of  discharge 
of  such  diainage  or  waste  matter  as  the  borough  may  specify,  into 
such  sewer;  and  to  that  end,  the  owner  shall  be  given  three  mouths 
notice  of  the  resolution  or  ordinance  of  the  borough  requiring  such 
connection.  Should  the  owner  fail  to  connect  within  that  time,  then 
the  borough  is  empowered  to  make  the  connection,  and  to  collect 
the  cost  thereof  from  the  owner  as  other  debts  due  the  borough  are 
collectible:  Provided,  however,  That  the  manner  and  regulations 
relative  to  all  connections  required  by  the  borough  shall  be  uniform. 

Section  1,  Act  of  May  21,  1901,  P.  L.  265. 

(g)     UNLAWFUL    TO    BUILD    WITHIN    LINE    OF    SEWERS 

AFTER  NOTICE. 

Section  27.  It  shall  not  be  lawful  for  any  owner  or  owners,  oc- 
cupier or  occupiers  of  lands,  buildings  or  other  improvements,  to 
erect  any  buildings  or  make  any  improvements  within  the  lines  of 
the  common  sewers,  laid  out  or  ordained  to  be  laid  out,  after  due  no- 
tice thereof,  and  if  any  such  erection  or  improvement  shall  be  made, 
no  allowance  shall  be  made  therefor  in  the  assessment  of  damages. 

Section  27,  cl.  5,  Act  of  April  3,  1851,  P.  L.  320. 

(h)   COMPLAINTS  TO  COURT  OF  QUARTER  SESSIONS. 

Section  28.  Complaint  may  be  made  to  the  next  court  of  quarter 
sessons  of  the  proper  county,  upon  entering  into  recognizance,  with 
sufficient  security  according  to  law,  to  prosecute  the  same  with 
effect,  and  for  the  payment  of  costs,  by  any  person  aggrieved  in 
consequence  of  any  ordinance,  regulation  or  act  done,  or  purporting 
to  be  done,  in  virtue  of  this  article,  and  the  determination  and  order  of* 
the  said  court  thereon  shall  be  conclusive. 

Section  2,  Act  of  May  22,  1883,  P.  L.  39,  amending  Section 
27,  cl.  3,  Act  of  April  3, 1851,  P.  L.  320. 

See  Rebie  v.  Walton,  18  Pa.  C.  C.  289. 

Section  29.  Upon  the  complaint  of  any  person  or  persons  ag- 
grieved by  any  regulation  under  the  provisions  of  this  act  in  relation 
to  the  laying  out  of  the  common  sewers  and  drains,  or  of  the  open- 


97 


ing,  or  other  regulations  thereof,  the  said  court  shall  take  such  order 
as  may  be  just  and  reasonable,  and  the  final  order  of  the  said  court 
shall  be  conclusive. 

Section  2,  Act  of  May  22,  1883,  P.  L.  39,  amending  Section 
27,  cl.  3,  Act  of  April  3,  1851,  P.  L.  320. 

(i)      SEWERS  TO  BE  OPENED  WITHIN  TWO  YEARS  AFTER 
ENACTMENT  OF  ORDINANCE. 

Section  30.  If  any  borough  within  this  Commonwealth  has  here- 
tofore surveyed,  laid  out,  enacted,  or  ordained,  or  shall  hereafter 
survey,  lay  out,  enact,  or  ordain,  any  common  sewer,  over  or  under 
private  property  located  in  whole  or  in  part  within  the  limits  of 
said  borough,  and  proceedings  to  open  the  same  and  to  assess  the 
damage  arising  therefrom  shall  not  be  proceeded  with  by  the  borough 
within  two  years  from  the  enactment  of  said  ordinance,  it  shall  be 
null  and  void. 

Section  1,  Act  of  June  1,  1911,  P.  L.  541. 


CHAPTER  VI. 


ARTICLE  XIV. 


CONTRACTS  WITH   STREET  RAILWAYS. 

Section  1.  In  case  the  local  authorities  of  any  borough  shall  deem 
it  necessary  for  the  public  benefit  and  convenience  to  secure  the  re- 
moval of  any  street  railway  tracks  already  laid,  or  prevent  the  lay- 
ing of  such  tracks  already  authorized  to  be  laid,  or  to  change  the 
route  of  any  street  railway  on  any  street  or  streets,  or  portion  of  a 
^street  or  streets,  within  its  corporate  limits,  and  such  purpose  or 
purposes  can  be  accomplished  by  agreement  with  the  street  passenger 
railway  company  or  motor  power  company  owning,  leasing  or  operat- 
ing such  ttack$  it  shall  and  may  be  lawful  for  the  said  borough  to 
enter  into  a  contract  with  such  street  passenger  railway  company; 
for  a  period  not  exceeding  fifty  years,  for  such  consideration  and 
upon  such  terms  and  conditions,  and  containing  such  stipulations, 
reservations  and  covenants  as  may  be  agreed  upon  between  the  re- 
spective parties  thereto. 

Part  of  Section  1,  Act  of  May  3,  1905,  P.  L.  379. 


98 


Section  1>.  Such  contract  may  include  a  covenant  providing  that, 
during  the  <•<  n t  inuance  thereof,  municipal  consent  shall  not  be 
granted  to  any  other  company  to  use  or  occupy  the  sheet,  streets, 
or  portions  of  a  street  or  streets,  coveied  by  such  contract,  for  street 
railway  or  passenger  transportation  purposes;  which  covenant  shall 
be  enforceable  by  bill  in  equity  against  such  borough,  in  case  of  at- 
tempted b:eacli  thereof;  and  such  contract  may  also  provide  for  the 
laying  or  relaying  of  such  tracks,  upon  such  terms  and  under  such 
contingencies  and  conditions  as  may  be  agreed  upon. 

Part  of  Section  1,  Act  of  May  3,  1905,  P.  L.  379. 


CHAPTEK  VI. 


AETICLE  XV. 


BRIDGES. 


(a)     GENERAL  POWER  AND  PROCEDURE. 

Section  1.  Boroughs  shall  have  power  to  construct  bridges  and 
the  piers  and  abutments  therefor,  and  in  exercising  such  power  shall 
have  the  right  to  take,  use,  and  occupy  private  property. 

Draft  from  Act  of  April  3,  1851,  P.  L.  320,  and  Section  8, 
Act  of  May  16,  1891,  P.  L.  75,  as  amended  by  Act  of  April  28, 
1899,  P.  L.  100. 

Westfield  Borough  v.  Tioga  County,  150  Pa.  152. 

Section  2.  Whenever  in  the  construction  of  any  bridge,  pier,  or 
abutment,  private  property  is  taken,  injured  or  destroyed,  the  pro- 
ceedings therefor  and  the  proceedings  for  the  ascertainment  and  as- 
sessment of  damages  and  benefits  incident  thereto,  shall  be  as  pro- 
vided in  Chapter  VI,  Article  II,  of  this  act. 

Draft  from  Section  1,  Act  of  May  16,  1891,  P.  L.  75,  as  amended  by 
Act  of  June  12,  1893,  P'.  L.  459.  " 

Section  3.  Whenever  in  the  laying  out,  opening,  widening,  ex- 
tending, straightening  or  grading  of  streets  it  becomes  necessary  to 
build  bridges,  piers  and  abutments  therefor,  and  to  take,  injure  or 
destroy  prhate  property,  the  proceedings  therefor  and  the  proceedings 
for  the  ascertainment  and  assessment  of  damages  and  benefits  inci- 

99 


dent  thereto  shall  be,  in  the  case  of  the  opening,  widening,  extending 
or 'straightening  streets,  as  provided  in  Chapter  VI,  Article  IV,  and 
in  the  case  of  grading  streets,  as  provided  in  Chapter  VI,  Article 
VIII. 

Westfield  Borough  v.  Tioga  County,  150  Pa.  152. 

(b)     BRIDGES  OVER  BOUND  ARY^TREAMS. 

Section  4.  Whenever  a  creek,  over  which  a  bridge  may  be  neces- 
sary, shall  be  on  the  division  line  of  a  borough  and  other  municipality 
or  township,  it  shall  be  the  duty  of  the  borough  to  unite  with  such 
municipality  or  township  in  the  construction  and  maintenance  of 
such  bridge,  and  to  pay  an  equal  share  of  the  expenses  incident 
thereto. 

Draft  from  Section  34,  Act  of  June  13,  1836,  P.  L.  551. 

Borough  of  Gouldsborough  v.  Township  of  Coolbaugh,  87  Pa.  48. 

Pottsville  Borough  v.  Norwegian  Township,  14  Pa.  543. 

Trickett  "Pennsylvania  Borough  Law"  Page  209,  Section  167. 

(c)     BRIDGES  OVER  RAILROADS. 

Section  5.  The  several  boroughs  of  this  Commonwealth  are  hereby 
authorized  to  locate  and  build  viaducts  or  bridges,  to  be  used  as 
public  highways,  over  railroads,  rivers,  creeks,  streams,  and  private 
property,  or  over  and  across  railroads  and  any  of  them,  or  over  and 
across  railroads,  whether  the  said  viaducts  or  bridges  be  wholly 
within,  or  partly  without  and  partly  within,  the  borough  limits,  for 
the  purpose  of  uniting  two  or  more  different  streets  or  highways, 
or  separate  portions  of  the  same  highway  or  extension  thereof :  Pro- 
vided, That  the  said  viaducts  or  bridges  must,  in  all  cases,  cross 
the  aforesaid  railroads ;  ^nd  that,  in  all  cases,  any  viaduct  or  bridge 
shall  be  erected  in  the  manner  provided  by  existing  laws  for  the 
erection  of  such  viaducts  or  bridges  in  the  several  boroughs  of  this 
Commonwealth. 

Section  1,  Act  of  May  25,  1907,  P.  L.  240. 

Section  6.  The  said  boroughs  shall  have  the  right  to  enact  ordi- 
nances providing  for  the  laying  out  and  opening  of  the  routes  or  lo- 
cations for  said  viaducts  and  bridges,  which  shall  be  public  highways ; 
and  the  proceedings  for  the  said  laying  out  and  fixing  locations  and 
for  the  opening  thereof  shall  be  the  same  as  is  provided  in  Chapter 
six,  Article  four,  except  that  in  no  case  a  pe^'on  of  property  owners 
shall  be  required  therefor. 

Section  2,  Act  of  May  25,  1907,  P.  L.  240. 

Section  7.  In  case  the  said  respective  borough  has  not  agreed 
with  the  owner  or  owners  for  the  damages  done,  or  likely  to  be  done, 
by  the  erection  of  said  viaduct  or  bridge,  it  shall  be  lawM  for  the 

100 


<aid  borough  to  take  and  appropriate  the  lauds  a/id  -property  n<jces 


iry,  over  and  across  which  to  erect  said'  bridge  o*;  yi/cicjuc.'t^  .arid  the 
damages  and  benefits  caused  by  the  said  taking  and*  appropriation 
shall  be  assessed  by  three  free-holders  as  viewers,  appointed  by  the 
court  of  common  pleas,  in  the  same  manner  and  with  like  proceed- 
ings as  provided  in  Chapter  six,  Article  two. 

Section  3,  Act  of  May  25,  1907,  P.  L.  240. 

Section  8.  The  said  borough  shall  also  have  the  power  to  enter 
in  in  and  unite  in  a  contract  or  contracts  with  the  county  commis- 
sioners of  the  proper  county,  and  also  with  railroads,  street  rail- 
ways, and  other  companies,  and  parties  interested,  or  with  any  or 
all  of  them,  for  the  building,  construction,  and  maintenance  of  said 
viaduct  or  bridges,  or  for  certain  parts  or  portions  thereof,  and  for 
the  payment  of  any  damages  caused  by  the  location  and  the  said 
erection. 

Section  4,  Act  of  May  25,  1907,  P.  L.  240. 

Section  9.  Nothing  contained  in  the  preceding  section  shall  au- 
thorize a  borough  to  contract  with  a  county  for  the  maintenance  of 
such  bridge  or  viaduct  which  does  not  cross  a  river,  creek,  stream  or 
other  place  over  which  the  county  is  authorized  to  build  bridges. 
Such  viaduct  or  bridge  shall  be  maintained  as  a  borough  structure  by 
the  borough,  and  it  is  authorized  to  contract  with  any  party  interested 
except  the  county  aforesaid  for  the  maintenance  of  the  same. 

Draft  made  from  part  of  Section  5,  Act  of  May  25,  1907,  P.  L.  240. 

Section  10.  The  contracts  herein  provided  for  may  stipulate  that 
the  respective  borough,  county,  railroad  company,  street  railway, 
or  other  company,  or  parties  interested,  or  any  of  them,  shall  pay  a 
certain  part  or  portion  of  the  whole  contract  price  or  cost  of  the 
work,  including  damages;  or  may  stipulate  that  each  shall  construct 
or  pay  for  the  construction  of  a  certain  part  or  portion  of  the 
work,  and  may  otherwise  provide  for  the  payment  of  the  damages. 
When  any  railroad  company,  street  railway,  or  other  company,  or 
other  parties  interested,  agree  to  pay  a  certain  part  or  portion  of  the 
cost  of  the  entire  work,  they  shall  pay  such  part  or  portion  into  the 
proper  borough  treasury;  and  upon  said  payment  the  borough  treas- 
urer shall  be  liable  therefor,  and  he  shall  pay  the  same  over  to  the 
contractors,  as  may  be  provided  in  the  contract;  but  the  amount  to 
be  paid  by  the  respective  county  shall  be  paid  directly  to  the  con- 
tractor, as  may  be  provided  by  the  said  contract.  The  said  agree- 
ments may  also  provide  for  the  maintenance  of  the  said  viaducts  and 
bridges  after  their  erection.  All  contracts  shall  be  binding  upon  the 
parties  thereto,  their  lessees,  successors,  heirs,  and  assigns. 

Section  6,  Act  of  May  25,  1907,  P.  L.  240. 


101 


Section  11.  wHeneVer  the  borough,  county  commissioners,  and 
the  «akl  'viiilro.nl,  street  railway,  and  other  companies,  and  others 
interested,  or  any  of  them,  have  entered  into  a  contract  or  contracts 
for  the  construction  of  said  bridge  or  viaduct,  as  is  hereinbefore 
provided,  it  shall  be  lawful  for  the  said  borough  in  conjunction  with 
the  said  county  commissioners  to  have  prepared  plans  or  specifica- 
tions of  the  entire  work,  and  thereafter  to  advertise  for  bids,  and 
to  award  the  contract  10  the  lowest  responsible  bidder.  The  contract 
for  the  said  work  shall  provide  that  the  county  shall  pay  for  its 
certain  part  of  said  bridge  or  viaduct,  and  the  borough  shall  contract 
for  the  other  part  of  the  said  work;  but  the  said  contract  as  to  the 
borough's  part  thereof  shall  be  based  upon  the  appropriation  made 
by  the  borough  for  the  part  of  the  work  for  which  it  had  agreed 
to  pay,  and  the  remaining  part  of  the  contract  price  shall  be  based 
upon  the  amounts  the  other  parties  have  agreed  to  pay;  and  the  con- 
tractor shall  have  the  right  of  action  against  each  party  uniting  in 
said  contract  for  the  part  thereof  agreed  to  be  paid  by  each  party, 
respectively,  as  set  forth  in  the  contract  or  contracts  in  which  all 
the  parties  unite  as  aforesaid. 

Section  8,  Act  of  May  25,  1907,  P.  L.  240. 

Section  12.  In  case  the  county  commissioners  do  not  unite  in  any 
such  contract  as  is  hereinbefore  provided  for,  it  shall  be  lawful  for 
the  said  borough  to  contract  for  the  construction  of  the  viaduct  as 
aforesaid,  and  to  pay  for  the  entire  work  or  to  contract  in  the  man- 
ner aforesaid  with  all  or  any  other  of  the  aforesaid  parties  for  the 
said  work.  Plans  and  specifications  shall  be  prepared  and  adver- 
tisement shall  be  made  for  bids  by  the  borough,  and  the  contract 
let  in  the  manner  hereinbefore  provided. 

Section  9,  Act  of  May  25,  1907,  P.  L.  240. 

Section  13.  Any  of  the  contracts  hereinbefore  provided  for  may 
be  recorded  in  the  recorder's  office  of  the  proper  county  in  which 
the  respective  borough  is  situate,  and  such  record  shall  be  notice  to 
all  persons  who  might  be  affected  thereby.  , 

Section  10,  Act  of  May  25/1907,  P.  L.  240. 

(d)      CONDEMNATION  OF  TOLL  BRIDGES. 

Section  14.  The  several  boroughs  of  this  Commonwealth  are  au- 
thorized to  purchase,  condemn,  maintain,  and  use  any  public  toll- 
bridge  crossing  any  river  or  stream  within  the  limits  of  such  borough ; 
and  may  also  enter  into  contracts  as  hereinafter  provided,  with  the 
county  C(5mmissioners  of  the  proper  county  whereby  said  county 
shall  pay  a  portion  of  the  cost  thereof. 

Section  1,  Act  of  March  24,  1909,  P.  L.  69,  and  Act  of  March 
24, 1909,  P.  L.  67. 

102 


Section  15.  In  case  the  borough  desires  to  obtain  any  such  bridge, 
:md  is  unable  to  agree  with  the  owner  or  owners  of  the  bridge  upon 
the  pi  ice  to  be  paid  therefor,  any  court  of  common  pleas  of  the  county 
wherein  said  bridge  is  located,  or  any  law  judge  thereof  in  vacation, 
on  application  iheieior  by  petition  of  said  borough,  shall  appoint 
three  discreet  and  disinterested  persons  as  viewers;  and  appoint  a 
lime,  not  less  than  ten  nor  more  than  twenty  days  thereafter,  when 
said  viewers  shall  meet  and  inspect  the  said  bridge  and  view  the 
same,  together  with  the  approaches  and  appurtenances  thereto. 

Section  2,  Act  of  March  24,  1909,  P.  L.  (i'J. 

Section  1C.  •  The  said  .viewers,  having  been  duly  sworn  or  affirmed 
justly  and  impartially  to  decide  and  true  report  to  make  concerning 
all  matters  and  things  to  be  submitted  to  them,  and  in  relation  to 
which  they  are  authorized  to  inquire,  in  pursuance  of  the  provisions 
of  this  act,  and  having  viewed  the  said  bridge,  together  with  the  ap- 
proaches and  appurtenances  thereto,  shall  hear  all  parties  interested 
and  their  witnesses;  and  shall  estimate  and  determine  the  damages 
for  the  property  taken,  and  to  whom  the  same  is  payable;  and  pre- 
pare a  schedule  thereof,  and  give  notice  to  all  parties  interested  of  a 
time,  not  less  than  ten  days  thereafter,  and  of  a  place  where  they  will 
meet  and  exhibit  said  schedule,  and  hear  all  objections  thereto  and 
evidence.  Notice  of  the  time  and  place  of  said  meeting  shall  be  given 
by  peisonal  service  upon  all  parties  in  interest,  or  their  attorneys  of 
record.  After  making  whatever  changes  are  deemed  necessary,  the 
said  viewers  shall  make  report  to  the  court,  showing  the  damages  al- 
lowed and  to  whom  the  same  is  payable,  and  file  therewith  a  plan 
showing  the  bridge,  together  with  the  approaches  and  appurtenances 
thereto. 

Section  3,  Act  of  March  24,  1909,  P.  L.  69. 

Section  17.  The  viewers  provided  for  in  the  foregoing  sections 
may  be  appointed  before,  or  at  any  time  after,  the  entry,  taking,  or 
appropriation  of  the  said  bridge,  together  with  the  approaches  and 
appurtenances  thereto.  The  costs  incurred  in  the  proceedings  afore- 
said shall  be  defrayed  by  the  municipality,  and  each  of  the  viewers 
shall  receive  such  compensation  as  may  be  fixed  by  the  court. 

Section  4,  Act  of  March  24,  1909,  P.  L.  69. 

Section  18.  If  the  compensation  to  be  paid  for  any  bridge,  which 
the  borough  desires  to  obtain,  cannot  be  agreed  upon  between  the 
owners  tlie;eof  and  such  borough,  and  if  the  borough  desires  to  take 
possession  of  such  bridge,  it  shall  be  lawful  for  it  to  tender  its  bond 
as  security  to  the  owner  or  owners  of  such  bridge, — the  condition  of 
which  shall  be  that  the  said  borough  shall  pay  or  cause  to  be  paid 
such  amount  of  damages  as  the  owner  or  owners  thereof  shall  be  en- 


103 


titled  to  receive,  after  the  same  shall  have  been  agreed  upon  by  the 
parties,  or  awarded.  In  case  the  owner  or  owners  3f  such  bridge  re- 
fuse or  do  not  accept  the  said  bond,  the  said  borough  shall  give  the 
owner  or  owners  thereof  written  notice  of  the  time  when  the  same  will 
be  presented  for  approval;  and  may  present  said  bond  to  a  court  of 
common  pleas  of  the  county  wherein  said  bridge  is  located;  and, 
when  approved,  the  said  bond  shall  be  filed  in  court  for  the  benefit 
of  said  owner  or  owners,  and  upon  the  approval  of  said  bond  said 
borough  may  enter  upon,  appropriate,  take,  hold,  use,  and  control 
such  bridge. 

Section  5,  Act  of  March  24,  1909,  P.  L.  69. 

I 

Section  19.  Upon  the  report  of  said  viewers,  or  any  two  of  them 
being  filed  in  said  court,  either  party  may  within  thirty  days  there- 
after file  exceptions  to  the  same;  and  the  court  shall  have  power  to 
confirm  said  report,  or  to  modify,  change,  or  otherwise  correct  the 
same,  or  refer  the  same  back  to  the  same  or  new  viewers,  with  like 
power  as  to  their  report;  or  within  thirty  days  from  the  filing  of  any 
report  in  court,  or  the  final  confirmation  thereof,  either  party  may 
appeal  and  demand  a  trial  by  jury;  and  either  party  may,  within 
thirty  days  after  final  decree,  have  an  appeal  to  the  Superior  or  to 
the  Supreme  Court,  according  to  law.  Upon  final  confirmation,  in 
any  of  the  cases  provided  in  this  section,  the  award  shall  be  a  good 
and  valid  judgment  against  the  said  borough.  The  said  court  of 
common  pleas  shall  have  power  to  order  what  notices  shall  be  given 
in  connection  with  any  part  of  said  proceedings,  arid  may  make  all 
such  orders  as  it  may  deem  requisite. 

Section  6,  Act  of  March  24,  1909,  P.  L.  69. 

Section  20.  In  case  any  borough  shall  discontinue  any  proceeding 
taken,  providing  for  the  appropriation  or  condemnation  of  any  bridge, 
prior  to  the  entry  upon,  taking,  or  appropriation  thereof,  and  be- 
fore judgment  therein,  the  said  borough  shall  not  thereafter  be  liable 
to  pay  any  damages  which  have  been  or  might  have  been  allowed; 
but  all  costs  upon  any  proceeding  had  thereon  shall  be  paid  by  it,  to- 
gether with  any  actual  damage,  loss,  or  injury  sustained  by  reason 
of  such  proceedings;  and  such  damage,  loss,  or  injury  shall  be  de- 
termined and  fixed  by  the  court  in  which  the  proceedings  are  pend- 
ing. 

Section  7,  Act  of  March  24,  1909,  P.  L.  69. 

Section  21.  Said  borough  may  also  enter  into  and  unite  in  a 
contract  with  the  county  commissioners  of  the  county  in  which  said 
bridge  is  located,  upon  such  terms  and  conditions  as  may  be  agreed 
upon,  for  the  purchase,  appropriation,  or  condemnation  of  said 
bridge.  The  contract  may  stipulate  that  the  respective  borough  and 


104 


county  shall  pay  a  certain  part  or  portion  of  the  whole  purchase 
price  or  damages  allowed  by  condemnation  proceedings.  The  amounts 
to  be  paid  by  the  county  shall  be  paid  into  the  borough  treasury; 
and,  upon  said  payment,  the  borough  treasurer  shall  be  liable  there- 
1'or,  and  it  shall  be  held  and  applied  solely  for  the  said  purpose  or 
purposes.  The  said  agreements  may  also  provide  for  and  include  pro- 
visions for  the  maintenance,  repair,  and  building  of  the  said  bridge, 
after  its  purchase  or  condemnation  by  the  said  borough. 

Section  8,  Act  of  March  24,  1909,  P.  L.  G9. 

Section  22.  Whenever  any  bridge  shall  be  purchased  or  condemned, 
the  borough  shall  control,  maintain,  and  use  the  said  bridge  as  a 
public  bridge;  but  it  shall  have  power  to  charge  tolls  or  rentals,  for 
the  use  thereof,  from  railway,  telephone,  and  telegraph  companies, 
and  other  persons  making  a  use  thereof  for  other  than  ordinary  public 
foot  and  vehicle  travel:  Provided,  That  where  contracts  exist  be- 
tween such  persons  and  the  owners  of  the  bridge,  such  contracts  shall 
be  preserved  for  the  benefit  of  the  borough  and  shall  be  assigned 
thereto. 

Section  9,  Act  of  March  24,  1909,  P.  L.  69. 


CHAPTER  VI. 


ARTICLE  XVI. 


ELECTRIC  WIRES. 

Section  1.  Within  the  police  power  of  boroughs  shall  be  in- 
cluded the  right  to  define,  by  ordinance,  a  reasonable  district  within 
which  all  electric  light  wires,  telephone  and  telegraph  wires,  shall 
be  placed  under  ground,  in  conduits  owned  either  by  the  borough  or  by 
corporations  owning  such  wires,  or  by  corporations  organized  for  the 
purpose  of  laying  such  conduits  and  renting  space  therein. 

Part  of  Section  1,  Act  of  June  12,  1913,  P.  L.  488,  amending 
Section  1,  Act  of  April  28,  1903,  P.  L.  335. 

Section  2.  In  all  cases  in  which  such  conduits  are  owned  by  any 
private  corporation,  partnership,  or  individual,  there  shall  be  re- 
served to  the  borough,  whether  expressed  in  the  ordinance  or  not, 
the  right  to  regulate  by  ordinance  the  manner  in  which  such  conduit 
shall  be  used,  and  the  terms  and  conditions  and  rate  of  rental  to  be 


105 


charged  for  space  therein,  and  also  the  right  to  t^ke  such  conduits, 
either  by  purchase,  upon  agreement  of  the  owners  thereof  and  the 
borough,  or  by  condemnation  proceedings;  in  which  latter  case  the 
court  of  common  pleas,  or  any  judge  thereof  in  vacation,  shall,  upon 
petition  of  the  borough  authorities,  appoint  a  jury  of  three  reputable 
citizens  of  the  county,  not  residents  of  the  borough,  and  the  proceed- 
ings shall  be  the  same  as  provided  by  law  in  the  case  of  the  con- 
demnation of  land  by  a  railroad  company. 

Part  of  Section  1,  Act  of  June  12,  1913,  P.  L.  488,  amending 
Section  1,  Act  of  April  28,  1903,  P.  L.  335. 

Section  3.  The  borough  authorities  shall  not  have  the  power  to 
surrender  or  barter  away  the  rights  herein  reserved,  either  by  ordi- 
nance or  contract,  or  otherwise. 

Part  of  Section  1,  Act  of  June  12,  1913,  P.  L.  488,  amending 
Section  1,  Act  of  April  28,  1903,  P.  L.  335. 

Section  4.  The  court  of  quarter  sessions  of  the  proper  county 
shall  have  the  right  to  review  any  ordinance  passed  in  pursuance  of 
this  article,  and  to  annul  such  ordinance  if  deemed  to  be  unreason- 
able, upon  appeal  of  any  person,  partnership  or  corporation  inter- 
ested :  Provided,  That  such  appeal  be  taken  within  thirty  days  from 
the  approval  and  advertisement  of  such  ordinance. 

Section  2,  Act  of  April  28,  1903,  P.  L.  :»>:»>:>. 


CHAPTER  VI. 


ARTICLE  XVII. 


WATER  COURSES. 


(a)    WIDENING  AND  DEEPENING  OF  WATER  COURSES  AND 
THE  ERECTION  OF  EMBANKMENTS. 

Section  1.  The  burgess  and  town  council  of  all  boroughs  are  here- 
by authorized  and  empowered  to  widen  and  deepen  all  streams  and 
water  courses  running  through  and  within  the  same,  and  to  erect 
such  dykes  and  embankments  along  the  same  as  shall  be  necessary 
to  prevent  the  water  therein  from  breaking  through  or  overflowing 


106 


the  banks  thereof.  Arid  the  burgess  and  councils  thereof  are  hereby 
authorized  and  empowered,  for  such  purposes,  to  enter  upon  private 
property  on  and  along  such  streams  and  water  courses. 

Section  1,  Act  of  June  8,  1891,  P.  L.  210. 

Section  2.  The  burgess  and  council  of  said  boroughs  shall  severally 
have  full  power  and  authority,  within  the  limits  of  their  respective 
boroughs,  to  enter  upon  any  land  or  enclosure  lying  near  such 
sti  earns  and  water  courses  and  to  dig,  gather  and  carry  to  the  banks 
of  said  streams  and  water  courses,  any  stones,  timber,  sand,  earth 
and  gravel  found  thereon  which  they  may  deem  necessary  for  the 
purpose  of  making,  maintaining  and  repairing  the  embankments  along 
such  streams  and  water  courses,  when  the  same  cannot  be  obtained 
by  contract  at  reasonable  prices,  doing  no  unnecessary  damage  to 
the  owner  or  owners  of  said  lands,  and  repairing  any  breaches  of 
fences  which  they  shall  make. 

Section  2,  Act  of  June  8,  1891,  P.  L.  210. 

Section  3.  The  burgess  and  council  of  any  borough  as  aforesaid, 
are  hereby  authorized  and  empowered  to  use  and  appropriate  for 
the  payment  of  the  cost  of  the  work  and  material  provided  for  in 
the  preceding  sections  of  this  article,  any  moneys  of  the  said  boroughs 
applicable  to  the  ordinary  expense  of  making  and  maintaining  f' 
streets  and  bridges  thereof. 

Part  of  Section  3,  Act  of  June  8,  1891,  P.  L.  210. 

Section  4.  Any  person  aggrieved  or  claiming  to  have  suffered  dam- 
age by  reason  of  any  ordinance  of  the  burgess  and  council  of  any 
borough  in  this  Commonwealth,  passed  in  pursuance  of  the  preceding 
sections  of  this  article,  may  complain  to  the  court  of  quarter  sessions 
of  the  proper  county,  and  thereupon  proceedings  in  said  court  may 
be  had  to  fix  and  determine  said  damages,  and  the  rights  of  all 
parties  interested,  in  the  same'  manner  and  subject  to  the  same 
conditions  as  is  provided  in  Chapter  VI,  Article  IV. 

Part  of  Section  3,  Act  of  June  8,  1891,  P.  L.  210. 

(b)     VACATION  OE  ALTERATION  OF  THE  COURSE  OR 
CHANNEL  OF  WATER  COURSES. 

Section  5.  Whenever  the  burgess  and  town  council  of  any  borough 
shall  deem  it  essential  to  the  preservation  of  health,  or  to  the  interest 
and  welfare  of  any  borough,  and  the  inhabitants  thereof,  to  vacate, 
change,  alter  the  course  or  channel  of  any  creek,  run  or  natural 
waterway,  other  than  navigable  streams,  the  said  burgess  and  town 
council,  shall  have  full  power  and  authority,  by  ordinance  duly 
passed,  to  vacate,  change,  alter  or  relocate  the  course  or  channel 
of  any  creek,  run  or  natural  waterway,  other  than  navigable  streams, 

107 


or  any  part  thereof,  within  the  limits  of  such  borough  and  for  this 
purpose  to  enter  upon,  condemn  and  take  such  property  and  ma- 
terials as  may  be  necessary  to  effect  such  change,  alteration  or  relo- 
cation. 

Part  of  Section  1,  Act  of  April  28,  1899,  P.  L.  74. 

Section  6.  No  ordinance  for  the  vacation,  changing,  alteration 
or  relocation  of  the  course  or  channel  of  any  creek,  run  or  natural 
waterway  shall  be  passed  until  notice  thereof  has  been  given  by  pub- 
lication of  the  proposed  ordinance,  at  length,  for  at  least  once  a 
week  for  three  consecutive  weeks  in  at  least  one  newspaper  published 
in  the  county  in  which  said  borough  is  situate. 

Part  of  Section  1,  Act  of  April  28,  1899,  P.  L.  74. 

Section  7.  The  borough  or  authorities  of  any  borough  may,  at  any 
time  after  the  passage  and  approval  of  the  proper  ordinance,  present 
a  petition  in  any  court  of  common  pleas  of  the  proper  county,  set- 
ting forth,  at  length,  the  nature  and  character  of  the  vacation,  change, 
alteration  or  relocation  proposed  in  the  course  or  channel  of  any 
such  creek,  run  or  natural  waterway,  together  with  a  description 
of  the  proposed  change  or  improvements;  and  praying  the  court  to 
appoint  three  disinterested  freeholders  to  ascertain  the  damages, 
costs  and  expenses  resulting  from  the  vacation,  change,  alteration 
or  relocation  of  the  course  or  channel  of  any  such  creek,  run  or 
natural  waterway,  and  to  fairly  and  ratably  assess  the  said  dam- 
ages, costs  and  expenses,  or  so  much  thereof  as  said  viewers  may  deem 
just  and  reasonable,  upon  the  property  benefited  or  affected  by  such 
vacation,  change,  alteration  or  relocation,  and  make  report  thereof 
to  court,  whereupon  said  court  of  common  pleas,  or  any  law  judge 
thereof  in  vacation,  shall  appoint  three  disinterested  freeholders  as 
viewers,  and  appoint  a  time,  not  less  than  twenty  nor  more  than 
thirty  days  thereafter,  when  said  viewers  shall  meet  upon  the  line  of 
the  improvement  and  view  the  same  and  the  premises  affected  there- 
by. Said  viewers  shall  give  notice  of  the  time  of  their  first  meeting 
by  posting  hand  bills  upon  the  premises  affected,  at  least  ten  days 
prior  to  such  meeting,  or  by  such  other  means  as  the  court  shall 
deem  necessary  and  proper. 

Section  2,  Act  of  April  28,  1899,  P.  L.  74. 

Section  8.  Said  viewers,  having  been  duly  sworn  or  affirmed, 
faithfully,  justly  and  impartially  to  decide  and  true  report  to  make 
concerning  all  matters  and  things  to  be  submitted  to  them,  and  in 
relation  to  which  they  are  authorized  to  inquire,  and  having  viewed 
the  premises  or  examined  the  property,  shall  hear  all  parties  in- 
terested and  their  witnesses,  and  shall  estimate  and  determine  the 
costs  and  expenses  and  the  damages  for  property  taken,  injured  or 


108 


destroyed,  to  whom  the  same  is  payable;  and  having  so  estimated  and 
determined  the  damages,  together  with  the  benefits  as  hereinafter 
mentioned,  they  shall  prepare  a  schedule  thereof,  and  give  notice  to  all 
parties  to  whom  damages  are  allowed,  or  upon  whom  assessments  for 
benefits  are  made,  of  a  time,  not  less  than  ten  days  thereafter,  and 
of  a  place  where  said  viewers  will  meet  and  exhibit  said  schedule 
and  hear  all  exceptions  thereto  and  evidence.  Notice  of  the  time 
and  place  of  said  meeting  shall  be  given,  by  personal  service,  upon 
all  parties  allowed  damages  or  assessed  benefits,  as  shown  upon  such 
schedule. 

Part  of  Section  3,  Act  of  April  28,  1899,  P.  L.  74. 

Section  9.  After  making  whatever  changes  are  deemed  necessary, 
the  said  viewers  shall  make  report  to  the  court,  showing  the  damages, 
costs  and  expenses,  and  benefits  allowed  and  assessed,  in  each  case, 
and  file  therewith  a  plan,  showing  the  improvements,  the  properties 
taken,  injured  or  destroyed,  and  the  properties  benefited  thereby. 

Part  of  Section  3,  Act  of  April  28,  1899,  P.  L.  74. 

Section  10.  When  said  report  is  filed,  notice  thereof  shall  be 
given  by  publication  once  a  week  for  two  weeks  in  a  newspaper  pub- 
lished in  the  county  in  which  said  borough  is  located,  proof  of  pub- 
lication of  which  shall  be  filed  with  the  court  at  least  five  days 
before  the  confirmation  of  said  report.  Said  notice  shall  state  the 
date  of  filing  of  the  report,  and  shall  contain  a  schedule  of  the  dam- 
ages and  benefits  as  shown  therein,  and  shall  further  state  that,  un- 
less exceptions  thereto  be  filed  within  thirty  days  from  the  date  of 
filing,  the  said  report  will  be  confirmed  absolutely. 

Part  of  Section  3,  Act  of  April  28,  1899,  P.  L.  74. 

Section  11.  The  payment  of  damages  sustained  by  the  changes  in 
the  course  or  channel  of  any  creek,  run  or  natural  waterway  may  be 
made,  either  in  whole  or  in  part,  by  the  borough,  or  in  whole  or  in 
part,  by  assessment  upon  the  property  benefited  by  such  improve- 
ments, as  said  viewers  may  determine  and  the  court  approve;  and,  in 
the  latter  case,  the  viewers  appointed  to  assess  damages,  having  first 
estimated  and  determined  the  same,  together  with  the  costs  and  ex- 
penses thereof  apart  from  benefits,  shall  also  assess  the  said  damages, 
costs  and  expenses,  or  so  much  thereof  as  they  may  deem  just  and 
n>;i  sonable,  upon  the  properties  peculiarly  benefited  by  the  improve- 
ment, including  in  the  said  assessment  all  properties  for  which  dam- 
ages have  been  allowed,  if  in  their  judgment  such  properties  shall 
be  benefited  thereby,  and  shall  report  the  same  to  the  said  court. 
The  total  assessment  for  benefits,  shall  not  exceed  the  total  damages 
and  cost  of  such  change  or  improvement. 

Section  4,  Act  of  April  28,  1899,  P.  L.  74. 


109 


Section  12.  The  viewers  provided  for  in  the  foregoing  sections 
may  be  appointed  before  or  at  any  time  after  the  \ntry,  taking,  ap- 
propriation or  injury  of  any  property  or  material  for  constructing 
said  improvement,  or  making  such  changes  or  alterations,  as  herein 
provided  for.  The  costs  of  the  viewers  and  all  court  costs,  incurred 
in  the  proceedings  aforesaid,  shall  be  defrayed  by  the  borough  and 
each  of  said  viewers  shall  be  entitled  to  a  sum  not  to  exceed  three 
dollars  ($3)  per  day  for  every  day  necessarily  employed  in  per- 
formance of  the  duties  herein  prescribed. 

Section  5,  Act  of  April  28,  1899,  P.  L.  74. 

Section  13.  In  all  cases  where  the  parties  have  not  agreed  upon 
the  amount  of  damages  claimed,  or  where,  by  reason  of  the  absence 
or  legal  incapacity  of  the  owner  or  owners,  no  such  agreement  can 
be  made  for  the  lands,  property  or  materials  to  be  taken,  occupied 
or  injured,  the  borough  may  tender  sufficient  security  to  the  party 
claiming  or  entitled  to  any  damages,  or  to  the  attorney  or  agent  of 
any  person  absent,  or  to  the  agent  or  other  officer  of  a  corporation,  or 
committee  of  any  one  under  legal  incapacity,  the  condition  of  which 
shall  be  that  the  said  borough  shall  pay  or  cause  to  be  paid  such 
amount  of  damages  as  the  party  shall  be  entitled  to  receive,  after  the 
same  shall  have  been  agreed  upon  by  the  parties  or  assessed  in  the 
manner  provided  for. 

Part  of  Section  6,  Act  of  April  28,  1899,  P.  L.  74. 

Section  14.  In  case  the  party  or  parties  claiming  damages  refuse 
or  do  not  accept  the  security  so  tendered,  the  borough  shall  them 
give  the  party,  his  or  their  agent,  attorney,  guardian  or  committee, 
written  notice  of  the  time  when  the  same  will  be  presented  for  filing 
in  the  court,  and  thereafter  the  said  borough  may  present  said  se- 
curity to  the  court  of  common  pleas  of  the  county  wherein  the  lands 
or  other  property  are  situated,  and,  if  approved,  the  security  shall 
be  filed  in  said  court  for  the  benefit  of  those  interested,  and  recovery 
may  'be  had  thereon  for  the  amount  of  damages  assessed,  if  the  same 
be  not  paid,  or  cannot  be  made  by  execution  on  the  judgment  in  the 
issue  formed  to  try  the  question,  and  upon  the  approval  of  said  se- 
curity, said  borough  may  proceed  with  the  improvement. 

Part  of  Section  6,  Act  of  April  28,  1899,  P.  L.  74. 

Section  15.  Upon  the  report  of  the  said  viewers,  or  any  two  of 
them,  being  filed  in  said  court  any  party  may,  within  thirty  days 
thereafter,  file  exceptions  the  same,  and  the  court  shall  have  power 
to  confirm  said  report,  or  to  modify,  change  or  otherwise  correct 
same,  or  change  the  assessment  made  therein,  or  refer  the  same  back 
to  the  same  or  new  viewers,  with  like  power  as  to  their  report;  or, 
within  thirty  days  from  the  filing  of  any  report  in  court,  any  party 


110 


whose  property  is  taken,  injured,  damaged  or  destroyed  may  appeal 
and  demand  a  trial  by  jury,  and  any  party  interested  in  any  assess- 
ment of  damages  or  benefits  may,  within  thirty  days  after  the  final 
decree,  have  an  appeal  to  the  Supreme  or  Superior  Court.  The  said 
court  of  common  pleas  shall  have  power  to  order  what  notices  shall 
be  given  in  connection  with  any  part  of  said  proceeding,  and  may 
make  all'  such  orders  as  it  may  deem  requisite. 

Section  7,  Act  of  April  28,  1899,  P.  L.  74. 

Section  1G.  In  case  any  borough  shall  repeal  any  ordinance  passed, 
or  discontinue  any  proceeding  taken,  providing  for  any  of  the  changes 
or  alterations  provided  for,  prior  to  the  entry  upon,  taking,  appro- 
priation or  injury  to  any  property  or  materials,  and  within  thirty 
days  after  the  filing  of  the  report  of  the  viewers  assessing  damages 
and  benefits,  the  said  borough  shall  not  thereafter  be  liable  to  pay 
any  damages  which  have  been  or  might  have  been  assessed,  but  all 
costs  upon  any  proceeding  had  thereon  shall  be  paid  by  said  borough 
together  with  any  actual  damage,  loss  or  injury  sustained  by  reason  of 
such  proceedings. 

Section  8,  Act  of  April  28,  1899,  P.  L.  74. 

Section  17.  When  the  court  has  made  its  final  decree,  confirming 
said  report  or  fixing  the  assessments  in  each  case,  the  assessments  of 
benefits  shall  become  and  be  liens  upon  the  property  assessed,  and 
a  claim  shall  be  filed  and  collected  in  the  same  manner  as  municipal 
claims  are  filed  and  collected,  or  the  assessment  may  be  collected 
by  action  of  assumpsit;  the  lien  of  the  judgment,  however,  to  be 
limited  to  the  property  assessed. 

Section  9,  Act  of  April  28,  1899,  P.  L.  74. 

Section  18.  Nothing  contained  in  Section  five  of  this  article  or 
in  the  section  predicated  thereon,  shall  apply  to  any  creek,  run  or 
natural  waterway  used  by  any  municipality  or  water  company  as 
a  source  of  supply,  in  whole  or  in  part,  for  water,  unless  such  mu- 
nicipality or  water  company  shall  consent  and  agree  to  the  vacation, 
change,  alteration  and  relocation  of  the  course  or  channel  of  such 
creek,  run  or  waterway. 

Section  10,  Act  of  April  28,  1899,  P.  L.  74. 

(c)     POWER  TO  CONFINE  AND  PAVE  WATER  COURSES. 

Section  19.  Whenever  the  burgess  and  town  council  of  any  bor- 
ough within  this  Commonwealth  shall  receive  a  written  request  from 
the  board  of  health  to  confine  and  pave,  or  completely  enclose,  any 
creek,  run  or  natural  waterway,  other  than  navigable  streams,  and 

8— C  111 


shall  deem  it  essential  to  the  preservation  of  health  or  to  the  interest 
and  welfare  of  the  borough  and  the  inhabitants*  thereof  to  do  so, 
the  said  burgess  and  town  council  shall  have  full  power  and  authority, 
by  ordinance  duly  passed,  to  confine  and  pave  or  completely  enclose 
any  creek,  run  or  natural  waterway  other  than  navigable  streams, 
or  any  part  thereof  within  the  limits  of  said  borough,  and  for  this 
purpose  to  enter  upon  and  condemn  and  take  such  property  and 
materials  as  may  be  necessary  to  complete  the  work  of  confining 
and  paving  or  complete  enclosures. 

Part  of  Section  1,  Act  of  July  10,  1901,  P.  L.  634. 

Section  20.  No  ordinance  for  the  confining  and  paving  or  com- 
plete enclosure  of  any  such  creek,  run  or  natural  waterway  shall 
be  passed,  until  notice  thereof  has  been  given,  by  publication  of  the 
proposed  ordinance  at  length,  for  at  least  once  a  week  for  three 
consecutive  weeks,  in  at  least  one  newspaper  published  in  the  county 
in  which  said  borough  is  situate. 

Part  of  Section  1,  Act  of  July  10,  1901,  P.  L.  634. 

Section  21.  When  the  work  of  confining  and  paving  or  complete 
enclosure  of  any  creek,  run  or  natural  waterway,  other  than  navig- 
able streams,  has  been  completed  as  specified  in  the  ordinance,  if  the 
borough  cannot  agree  with  the  property  holders  on  the  division  of 
the  costs  and  expenses,  the  borough  may  present  its  petition  in  any 
court  of  common  pleas  of  the  proper  county,  setting  forth  briefly 
the  character  of  such  improvements,  and  that  the  cost,  expenses  and 
damages  incurred  have  not  been  collected  or  fully  paid  to  said  bor- 
ough, and  praying  the  court  to  appoint  three  disinterested  freeholders 
as  viewers,  to  ascertain  the  damages,  costs  and  expenses  resulting 
from  the  confining  and  paving  or  the  complete  enclosure  of  any  such 
creek,  run  or  natural  waterway,  and  to  fairly  and  ratably  assess  the 
said  damages,  costs  and  expenses,  or  so  much  thereof  as  said  viewers 
may  deem  just  and  reasonable,  upon  the  property  benefited  or  af- 
fected by  such  confining  and  paving  or  complete  enclosure,  and  make 
report  thereof  to  court;  whereupon  said  court  of  common  pleas,  or 
any  law  judge  thereof  in  vacation,  shall  appoint  three  disinterested 
freeholders  as  viewers,  and  appoint  a  time,  not  less  than  twenty  nor 
more  than  thirty  days  thereafter,  when  said  viewers  shall  meet  upon 
the  line  of  the  improvement  and  view  the  same  and  the  premises 
affected  thereby.  Said  viewers  shall  give  at  least  ten  days'  notice 
of  their  first  meeting,  by  publication  in  one  of  the  newspapers  pub- 
lished in  the  county  in  which  said  borough  is  situate,  and  by  posting 
hand  bills  upon  the  premises  affected,  or  by  such  other  means  as  the 
court  shall  deem  necessary  and  proper. 

Section  2,  Act  of  July  10,  1901,  P.  L.  634. 


312 


Section  22.  Said  viewers,  having  been  duly  sworn  or  affirmed 
faithfully,  justly  and  impartially  to  decide  and  true  report  to  make 
concerning  all  matters  and  things  to  be  submitted  to  them,  and  in 
relation  to  which  they  are  authorized  to  inquire  in  pursuance  to  the 
provisions  of  this  act,  and  having  viewed  the  premises  or  examined 
the  property,  shall  hear  all  parties  interested  and  their  witnesses, 
and  shall  estimate  and  determine  the  costs  and  expenses  of  the  im- 
provement and  the  damages  for  property  taken,  injured  or  destroyed, 
to  whom  the  same  is  payable;  and,  having  so  estimated  and  de- 
termined the  damages,  together  with  the  benefits  as  hereinafter  men- 
tioned, they  shall  prepare  a  schedule  thereof,  and  give  notice  to  all 
parties,  to  whom  damages  are  allowed  or  upon  whom  assessments 
for  benefits  are  made,  of  a  time,  not  less  than  ten  days  thereafter, 
and  of  a  place  where  said  viewers  will  meet  and  exhibit  said  schedule 
and  hear  all  exceptions  thereto  and  evidence.  Notice  of  the  time  and 
place  of  said  meeting  shall  be  given,  by  personal  service  upon  all 
parties  allowed  damages  or  assessed  benefits  as  shown  upon  said 
schedule,  if  resident  in  the  borough,  and  to  all  others  by  publication 
in  a  newspaper  as  provided  in  the  preceding  section. 

Part  of  Section  3,  Act  of  July  10,  1901,  P.  L.  634. 

Section  23.  After  making  whatever  changes  are  deemed  necessary, 
the  said  viewers  shall  report  to  the  court,  showing  the  damages  and 
benefits  assessed  in  each  case,  and  file  therewith  a  plan  show- 
ing the  improvement,  the  properties  taken,  injured  or  destroyed,  and 
the  properties  benefited  thereby. 

Part  of  Section  3,  Act  of  July  10,  1901,  P.  L.  634. 

Section  24.  When  said  report  is  filed,  notice  thereof  shall  be  given 
by  publication  once  in  the  newspaper,  or  publishing  the  notice  pro- 
vided for  in  Section  twenty-one  of  this  article.  Said  notice  shall 
state  the  date  of  filing  the  report,  and  shall  contain  a  schedule  of  the 
damages  and  benefits  shown  therein,  and  shall  further  state  that 
unless  exceptions  thereto  be  filed  within  thirty  days  from  the  date  of 
filing,  the  said  report  will  be  confirmed  absolutely. 

Part  of  Section  3,  Act  of  July  10,  1901,  P.  L.  634. 

Section  25.  The  cost  of  the  improvement,  including  the  payment 
of  damages  sustained  by  the  making  of  the  improvements  aforesaid, 
may  be  borne  either  in  whole  or  in  part  by  the  borough,  or  in  whole 
or  in  part  by  assessment  upon  the  property  benefited  by  such  im- 
provements, as  said  viewers  may  determine  and  the  court  approve; 
and  in  the  latter  case,  the  viewers  appointed  to  assess  damage,  having 
first  estimated  and  determined  the  same  apart  from  benefits  shall 
also  assess  the  said  damage,  or  so  much  thereof,  as  they  may  deem 
just  and  reasonable,  upon  the  properties  peculiarly  benefited  by  the 
improvement,  including  in  the  said  assessment  all  properties  for 

113 


which  damages  have  been  allowed,  if  in  their  judgment  such  prop- 
erties will  be  benefited  thereby,  and  shall  report  thS  same  to  the  said 
court. 

Section  4,  Act  of  July  10,  1901,  P.  L.  634. 

Section  2G.  The  costs  of  the  viewers  and  all  court  costs  incurred 
in  the  proceedings  aforesaid  shall  be  defrayed  by  the  said  borough, 
and  each  of  the  said  viewers  shall  be  entitled  to  a  sum  of  three  dol- 
lars (|3.00)  per  day  for  every  day  necessarily  employed  in  perform- 
ance of  the  duties  herein  prescribed. 

Section  5,  Act  of  July  10,  1901,  P.  L.  634. 

Section  27.  Upon  the  report  of  said  viewers  or  any  two  of  them 
being  filed  in  said  court,  any  party  may,  within  thirty  days  there- 
after, file  exceptions  to  the  same;  and  the  court  shall  have  power, 
to  confirm  said  report,  or  to  modify,  change  or  otherwise  correct  the 
same,  or  change  the  assessments  made  therein,  or  refer  the  same  back 
to  the  same  or  new  viewers,  with  like  power  as  to  their  report.  Or 
within  thirty  days  from  the  filing  of  any  report  in  court,  any  party 
whose  property  is  taken,  injured  or  destroyed  may  appeal  and  demand 
a  trial  by  jury;  and  any  party  interested  in  any  assessment  of  dam- 
ages or  benefits  may,  within  thirty  days  after  final  decree,  have  an 
appeal  to  the  higher  courts.  The  said  court  of  common  pleas  shall 
have  power  to  order  what  notices  shall  be  given  in  connection  with 
any  of  the  said  proceedings,  and  may  make  all  such  orders  as  it  may 
deem  requisite. 

Section  6,  Act  of  July  10,  1901,  P.  L.  634. 

Section  28.  The  final  assessments  made  on  any  property  or  prop- 
erties, to  pay  for  the  costs,  expenses  and  damages,  or  either,  of 
the  improvements,  shall  be  a  lien  for  the  amount  of  such  assessment 
upon  the  properties  so  assessed,  dating  from  the  time  of  the  final 
confirmation  of  the  report  under  which  said  assessment  was  made, 
or  the  final  decree  of  the  court  fixing  such  assessment,  and  shall, 
if  filed  within  six  months  from  said  final  assessment  and  confirma- 
tion, remain  a  lien  upon  said  properties  until  fully  paid  and  satis- 
fied: Provided,  That  a  writ  of  scire  facias  shall  be  issued  to  revive 
the  same  at  the  expiration  of  every  period  of  five  years  after  the 
lien  is  filed. 

Section  7,  Act  of  July  10,  1901,  P.  L.  634. 

Section  29.  Nothing  in  Section  nineteen  of  this  article  or  in  the 
sections  predicated  thereon  contained  shall  apply  to  any  creek,  run 
or  natural  waterway  now  or  hereafter  used  by  any  borough  or  water 
company  as  a  source  of  supply,  in  whole  or  in  part,  for  water  unless 
such  borough  or  water  company  shall  consent  and  agree  to  the  confin- 
ing and  paving  or  complete  enclosure  of  such  creek,  run  or  natural 
waterway. 

Section  8,  Act  of  July  10,  1901,  P.  L.  634. 
114 


CHAPTER  VI. 


ARTICLE  XVIII. 


PUBLIC  SERVICE. 


(a)     WAT  Kit   sri'PLY  AND  WATER  WORKS. 

Section  1.  Every  borough  of  this  Commonwealth  shall  have  power 
and  authority  to  provide  a  supply  of  water  for  the  use  of  the  pub- 
lie  within  such  borough,  either  by  erecting  and  operating  water- 
works or  by  entering  into  a  contract  or  contracts  with  one  or  more 
persons  or  corporations  authorized  to  supply  water  within  the  limits 
of  said  borough,  or  partly  by  the  erection  and  operation  of  water- 
works and  partly  by  entering  into  a  contract  or  contracts,  as  afore- 
said. 

Section  1,  Act  of  May  3,  1901,  P.  L.  140. 

Section  2.  No  contract  for  the  supply  of  water  hereafter  entered 
into  by  any  borough  with  any  person,  persons  or  corporations,  shall 
in  any  wise  affect  or  abridge  the  power  of  said  borough  to  con- 
struct and  operate  water-works  as  hereinbefore  provided,  but  such 
power  shall  remain  in  full  force  and  effect  as  though  such  contract 
had  not  been  made. 

Section  2,  Act  of  May  3,  1901,  P.  L.  140. 
Potter  Co.  Water  Co.  v.  Austin  Boro,  206  Pa.  297. 

Section  3.  Any  borough  desiring  to  erect  water-works,  or  to  im- 
prove its  water  supply,  may,  for  such  purpose,  appropriate  springs, 
streams,  known  as  rivers  or  creeks,  lands,  easements,  and  rights  of 
way,  whether  within  its  territorial  limits  or  not;  and,  for  the  pur- 
pose of  conducting  water  obtained  outside  of  the  territorial  limits 
of  any  borough,  may  lay  pipes  across,  under,  and  over  lands,  rivers, 
streams,  bridges,  public  highways,  and  cross  railroads:  Provided, 
That  no  waters  or  springs,  appropriated  under  the  provisions  of  this 
section,  shall  be  used  in  such  manner  as  to  deprive  the  owner  or 
proprietor  thereof  of  the  free  use  of  and  enjoyment  of  the  same, 
at  all  times,  for  any  domestic,  dairy,  stock,  or  farm  purposes. 

Section  1,  Act  of  April  15,  1907,  P.  L.  90,  amending  Section 
1,  Act  of  May  25,  1887,  P.  L.  267. 

Section  4.  Prior  to  any  appropriation  as  provided  in  the  pre- 
ceding section,  the  borough  shall  attempt  to  agree  with  the  owner 
as  to  the  damage  done  or  likely  to  be  done  to  him.  If  the  parties 

115 


cannot  agree,  or  the  owner  cannot  be  found,  OP»  is  not  sui  juris, 
the  borough  may  file  its  bond  in  the  common  pleas  court  of  the 
county,  conditioned  for  the  payment,  to  the  owner  of  the 
property  appropriated,  of  the  damages  for  the  taking  thereof,  when 
the  same  shall  have  been  ascertained  according  to  law.  Upon  the 
approval  of  the  bond,  and  its  being  filed,  the  right  of  the  corpora- 
tion to  enter  upon  the  property  or  rights  intended  to  be  appropriated 
shall  be  complete.  Upon  petition  of  either  the  property  owner  or 
borough,  at  any  time  thereafter,  the  said  court  shall  appoint  three 
disinterested  freeholders  of  the  county  to  serve  as  viewers,  to  as- 
sess the  damages  proper  to  be  paid  to  the  owner  for  the  property 
or  rights  appropriated,  and  shall  fix  a  time  for  their  meeting,  of 
which  notice  shall  be  given  to  both  parties.  When  the  report  is 
filed  either  party  may  appeal  and  have  a  jury  trial. 

Section  1,  Act  of  June  19,  1911,  P.  L.  1033,  amending  Section 
2,  Act  of  May  25,  1887,  P.  L.  267. 

Section  5.  The  several  boroughs  of  this  Commonwealth  desirous 
of  owning  and  operating  the  water-works,  plants,  or  system  for  the 
supplying  of  water  to  any  such  borough,  and  the  inhabitants  thereof, 
which  water-works,  plants,  or  system  is  owned  by  a  private  cor- 
poration, firm,  or  individual,  may  petition  the  court  of  common 
pleas  of  the  proper  county,  setting  forth  that  the  said  borough  is 
desirous  of  owning  said  water  plant  or  system,  owned  by  such  cor- 
poration, firm,  or  individual,  and  that  it  will  be  necessary,  in  order 
to  make  payments  therefor,  to  issue  bonds,  secured  by  such  plant  or 
system  of  water-works,  and  that  therefore  a  value  should  be  placed 
upon  such  water-works,  plant,  or  system,  including  all  property, 
real  or  personal,  used  in  connection  therewith  and  reasonably  neces- 
sary for  its  purposes. 

Section  1,  Act  of  May  31,  1907,  P.  L.  355. 

Section  6.  The  said  court  shall  thereupon  appoint  three  disin- 
terested civil  engineers  as  appraisers,  to  value  and  appraise  such 
plant  or  system  and  the  property  used  in  connection  therewith  and 
reasonably  necessary  for  its  purposes,  who  shall  file  their  report  in 
the  office  of  the  prothonotary  of  the  proper  court  within  three  months 
after  their  appointment,  unless  such  time  be  extended  by  the  court. 

Section  2,  Act  of  May  31,  1907,  P.  L.  355. 

Section  7.  The  appraisers  so  appointed  shall  have  full  access  to 
the  books  and  records  of  the  private  corporation,  firm,  or  individual 
owning  said  water-works  or  system,  to  inform  themselves  as  to  the 
income  and  value  thereof.  They  shall  have  power  to  administer 
oaths,  and  are  hereby  authorized  to  hear  and  consider  the  testimony 
of  witnesses  and  other  legal  proofs.  Their  report  shall  be  final,  if 

116 


not  appealed  from  within  ten  days  after  notice  of  the  filing  thereof, 
shall  have  been  served  on  the  burgess  of  the  borough,  and  upon 
the  corporation,  linn,  or  individual  owning  the  water-works.  Within 
said  ten  days  either  party  may  appeal  from  such  appraisement,  al- 
leging an  under  or  over  valuation  of  the  property  thereby,  and 
praying  for  a  hearing  before  the  court;  and  the  said  court  shall 
thereupon,  upon  application  of  either  party,  fix  a  time  when  said 
appeal  may  be  heard,  of  which  time  at  least  ten  days'  notice  shall 
be  given  to  the  parties;  and  upon  such  hearing  the  court  shall 
have  power,  after  hearing  legal  proofs  and  arguments,  to  increase 
or  lower  such  appraisement,  or  otherwise,  and  modify  the  same  as 
the  facts  may  warrant,  subject,  however,  to  the  right  of  appeal  by 
either  party  to  the  proper  appellate  court,  as  in  other  cases  in 
equity. 

Section  3,  Act  of  May  31,  1907,  P.  L.  355. 

Section  ~~8.  After  such  value  is  finally  determined,'  the  borough 
is  authorized  to  buy  said  water  plant  at  the  valuation  so  fixed  and 
determined;  and  the  said  corporation,  firm,  or  individual,  owning 
same,  shall,  within  ten  days'  notice  of  such  determination,  and  a 
request  by  the  borough  so  to  do,  file  in  said  court  a  paper  indicating 
its  consent  and  election  to  sell  and  convey  its  plant,  system,  and 
property,  so  appraised,  to  the  borough,  at  the  valuation  fixed  as 
aforesaid;  and,  in  default  whereof,  such  corporation,  firm,  or  in- 
dividual shall  cease  to  have  any  exclusive  privilege  of  supplying  said 
borough,  or  the  citizens  thereof,  with  water,  and  said  borough  may 
install  or  cause  to  be  installed  such  plant  or  system  as  the  authori- 
ties may  deem  necessary  and  expedient  for  the  accommodation  of 
the  public. 

Section  4,  Act  of  May  31,  1907,  P.  L.  355. 

Section  9.  For  the  purpose  of  said  purchase  the  borough  may 
issue  bonds,  which  shall  be  secured  solely  by  such  water- works, 
systems,  and  property,  and  the  revenues  thereof,  and  without  other 
liability  whatever  of  said  borough  thereon,  to  an  amount  not  ex- 
ceeding the  appraisement  of  the  value  fixed  by  said  appraisers  or 
the  court.  The  proceeds  of  the  sale  of  such  bonds  shall  be  used 
exclusively  for  the  purpose  of  making  payment  for  the  property 
so  acquired. 

Section  1,  Act  of  April  22,  1909,  P.  L/135,  amending  Section 
5,  Act  of  May  31,  1907,  P.  L.  355. 

Section  10.  The  borough  shall  provide  an  adequate  sinking  fund 
for  the  receipts  and  revenues  derived  from  said  water-works  or 
systems,  for  the  payment  of  the  interest  on  such  bonds  and  for  their 
redemption.  The  bonds  shall  be  payable  within  thirty  years  from 


117 


the  date  of  their  issue,  and  shall  be  redeemable  at  such  earlier  period 
as  the  borough  may  by  ordinance  provide,  and  ^hall  bear  interest 
at  a  rate  to  be  fixed  by  the  borough  not  exceeding  six  per  centum 
per  annum.  The  bonds  shall  be  exempt  from  taxation  for  any 
purpose. 

Section  2,  Act  of  April  22,  1909,  P.  L.  135,  amending  Section 
6,  Act  of  May  31,  1907,  P.  L.  355. 

Section  11.  Should  there  be,  at  the  time  of  the  passage  of  this 
act,  a  contract  or  agreement,  in  writing,  existing  between  any  cor- 
poration, firm,  or  individual  owning  the  water  plant  or  system,  and 
a  borough  then  being  supplied  with  water  by  such  corporation,  firm 
or  individual  dated  prior  to  May  thirty-first,  one  thousand  nine 
hundred  ancT  seven,  establishing  or  adjusting  or  fixing  the  manner 
in  which  such  water  plant  or  system  may  be  appraised,  purchased, 
or  acquired,  then,  and  in  that  case,  appraisers  shall  be  selected,  and 
the  appraisement  made  in  accordance  with  the  terms  of  such  con- 
tract, and  to  the  respective  parties  to  such  contract  shall,  in  lieu 
of  the  preceding  provisions  of  this  act,  carry  out  the  terms  of  said 
contract  in  arriving  at  the  value  of  said  water  plant  or  system. 

Section  7,  Act  of  May  31,  1907,  P.  L.  355. 

Section  12.  Two  or  more  boroughs  may  unite  or  any  borough  may 
unite  with  a  township  in  the  construction  or  acquisition  and  main- 
tenance of  works  for  the  supply  of  water  to  such  boroughs  or  town- 
ships. 

Section  1,  June  1,  1911,  P.  L.  541. 

Section  13.  The  construction  of  water-works,  as  provided  for  in 
the  preceding  section  shall  be  after  plans  for  such  water-works  have 
been  filed  with  the  Commissioner  of  Health,  and  a  permit  issued  by 
him  in  accordance  with  the  act  of  Assembly  of  April  twenty-second, 
one  thousand  nine  hundred  and  five,  entitled  "An  act  to  preserve  the 
purity  of  the  waters  of  the  State  for  the  protection  of  the  public 
health." 

Section  2,  June  1,  1911,  P.  L.  541. 

Section  14.  In  all  boroughs,  where  authority  is  given  to  construct 
and  provide  water  -works,  and  where  the  qualified  voters  are  given  the 
right  to  determine  by  vote  the  expediency  of  constructing  said  works, 
the  corporate  authorities  thereof  are  directed  and  required,  whenever 
the  question  of  said  expediency  has  been  or  shall  be  submitted  to  a 
vote,  at  a  special  election  called  for  that  purpose,  and  has  been,  or 
shall  be  determined  in  favor  of  such  expediency,  and  the  construc- 


118 


lion  of  said  works  1ms  not  been,  or  shall  not  be  commenced  within 
four  years  after  holding  said  special  election,  to  order  another  elec- 
tion to  determine  by  Note  the  expediency  of  constructing  such  works. 

Section  1,  Act  of  June  21,  1SS5,  P.  L.  Hi:!. 

Section  !.">.  Where  the  construction  of  said  works  has  not  been 
commenced  within  four  years  as  provided  by  the  preceding  section 
of  this  act,  such  works  shall  not  thereafter  be  constructed  by  any 
borough  or  boroughs,  until  the  expediency  thereof  has  been  deter- 
mined by  another  election. 

Section  2,  Act  of  June  24,  1885,  P.  L.  163. 

Section  16.  The  proper  authorities  of  any  borough  of  this  Com- 
monwealth, owning  or  controlling  water-works  for  the  supply  of 
water  to  the  inhabitants  of  said  borough,  whenever  the  schedule  of 
water  rents  shall  have  been  fixed  or  limited  by  general  or  special  act 
(•I  Assembly,  shall  be  and  are  hereby  authorized  to  change  the  rates 
or  schedule  of  rents,  from  time  to  time,  so  that  the  same  shall  not, 
at  any  time,  exceed  the  rates  now  limited. 

Section  1,  Act  of  May  24,  1870,  P.  L.  118. 

Section  17.  Councils  of  boroughs  within  this  Commonwealth  are 
authorized  and  empowered  to  receive  bids  from  any  and  all  incor- 
porated water  companies,  authorized  to  do  business  within  such  bor- 
ough for  a  supply  of  water  for  fire  protection  and  for  other  munici- 
pal purposes,  and  to  contract  therefor  with  such  company  offering 
terms  which  to  said  council  shall  seeni  most  advantageous  to  said 
borough. 

Section  1,  Act  of  May  2.  1901,  P.  L.  137. 

Section  1.8.  Whenever  any  borough  of  this  Commonwealth  has 
erected  and  is  maintaining  water-works  for  supplying  water  within 
the  limits  of  such  borough,  it  shall  and  may  be  lawful  for  the  authori- 
ties of  any  such  borough,  whenever  they  may  deem  it  advisable  so 
to  do,  to  supply  and  to  make  contracts,  for  supplying  water  for 
ordinary  and  domestic  uses  to  corporations,  property  owners,  lessees 
or  occupants  outside  the  limits  of  such  borough,  at  water  rates  not 
less  than  those  required  to  be  paid  by  property  owners  within  the 
limits  of  such  borough:  Provided,  That  nothing  herein  contained 
shall  conflict  with  the  corporate  rights  of  any  water  corripany,  or  of 
the  rights  of  the  municipal  authorities  of  any  other  borough. 

Section  1,  Act  of  June  10,  1885,  P.  L.  81. 

Section  19.  Whenever  any  borough  in  this  Commonwealth  shall 
supply  water  to  the  public,  and  shall  have  found,  or  shall  find,  it 
necessary,  in  storing  water,  to  occupy  and  flow  with  water  portions 

119 


of  any  turnpike  or  any  public  road  in  this  Commonwealth,  or  where 
any  public  road  now  leads  into,  crosses  over  or  through  any  reser- 
voir used  for  the  storing  of  water,  the  said  borough  shall  cause  the 
same  to  be  reconstructed  forthwith,  at  its  own  proper  expense,  on  a 
favorable  location  and  in  as  perfect  a  manner  as  the  original  road, 
and  for  such  purpose  are  authorized  to  condemn  land  for  that  pur- 
pose whenever  an  agreement  as  to  price  cannot  be  had  with  the  own- 
ers. And  after  such  change  is  made,  such  borough,  shall  file  in  the 
court  of  quarter  sessions  of  the  proper  county  a  map  or  plan  showing 
such  change  of  road,  and  shall  furnish  to  the  supervisors  or  other 
public  authorities  of  the  township  or  municipal  corporation  a  copy 
of  such  map  and  the  changes  made. 

Section  1,  Act  of  May  7,  1907,  P.  L.  167. 

Section  20.  Any  such  borough  shall  be  and  is  hereby  empowered 
to  acquire  and  hold,  by  purchase  or  condemnation,  such  lands,  along 
and  contiguous  to  the  streams  of  water  or  reservoirs  from  which 
water  is  taken  for  public  use,  as  may  be  necessary  to  preserve  them 
from  contamination:  Provided,  That  no  land  shall  be  taken  for 
the  uses  mentioned  in  the  preceding  section  until  just  compensation 
shall  have  been  made  for  property  taken,  injured,  or  destroyed,  which 
shall  be  paid  or  secured  before  such  taking,  injury  or  destruction. 

Section  2,  Act  of  May  7,  1907,  P.  L.  167. 

Section  21.  The  damages  incurred  in  changing  the  location  of 
any  turnpike  or  public  road,  shall  be  ascertained  and  paid  by  such 
borough,  in  the  same  manner  as  is  provided  for  in  Chapter  VI, 
Article  IT,  of  this  act. 

Section  3.  Act  of  May  7,  1907,  P.  L.  167. 

Section  22.  Complaint  may  be  made  to  the  next  court  of  quarter 
sessions  of  the  proper  county  upon  entering  into  recognizance,  with 
sufficient  security  according  to  law  to  prosecute  the  same  with  ef- 
fect, and  for  the  payment  of  costs,  by  any  person  aggrieved  in  con- 
sequence of  any  ordinance,  regulation  or  act  done,  or  purporting 
to  be  dffte,  in  virtue  of  the  preceding  sections  of  this  article,  and 
the  determination  and  order  of  the  said  court  thereon  shall  be  con- 
clusive. 

Sertion  2,  Act  of  May  22,  1883,  P.  L.  39,  amending  Section  27, 
Clause  2,  Act  of  April  3,  1851,  P.  L.  320. 

Millvale  Boro.,  14  Pa.  C.  C.  79. 

Section  2:>.  Upon  the  complaint  of  any  person  or  persons  ag- 
grieved as  provided  in  the  preceding  section,  the  said  court  shall 


120 


take  such  order  as  may  be  just  and  reasonable,  and  the  final  order 
of  the  said  court  shall  be  conclusive. 

.Section  2,  Act  of  May  22.  1SS.X  P.  L.  39,  amending  part  of  Section 
27,  Clause  3,  Act  of  April  3,  1851,  P.  L.  320. 

Millvale  Boro.,  14  Pa.  C.  C.  71). 

Section  24.  In  boroughs  of  this  Commonwealth,  owning  and  main- 
taining water-works,  or  which  shall  hereafter  acquire  and  maintain 
water-works,  there  may  be  established  a  Commission  of  Water-works, 
to  be  composed  of  three  citizens  of  said  borough,  who  shall  be 
known  as  commissioners  of  water-works. 

Section  1,  Act  of  June  5,  1913,  P.  L.  445. 

Section  25.  Any  borough  within  this  Commonwealth,  desiring  to 
avail  itself  of  the  provisions  of  this  act,  shall,  by  resolution  duly 
passed  by  council  and  recorded  in  its  minutes,  apply  to  the  court  of 
common  pleas  of  the  proper  county  for  the  appointment  of  commis- 
sioners of  water-works. 

Section  2,  Act  of  June  5,  1913,  P.  L.  445. 

Section  26.  It  shall  be  the  duty  of  the  judges  of  the  court  of 
common  pleas,  upon  application  of  any  borough  council,  as  aforesaid, 
to  appoint  such  commissioners  of  water-works,  one  of  whom  shall 
be  appointed  to  serve  for  one  year,  one  for  two  years,  and  one  for 
three  years;  and  annually  thereafter  the  judges  of  said  court  shall 
appoint  one  citizen  to  serve  as  a  commissioner  of  water- works,  for 
si  term  of  three  years.  In  case  of  a  vacancy  the  said  court  shall  fill 
the  same  for  the  unexpired  term  thereof.  Such  commissioners  of 
water-works  shall  not  receive  salary  for  their  services,  but  shall 
be  paid  all  such  sums  necessarily  expended  in  the  performance  of 
their  duty:  Provided,  however,  That  after  three  years  from  the  first 
appointment  under  this  act,  the  borough  or  town  council  may  at 
any  time  rescind  the  resolution  asking  for  the  appointment  of  a 
commissioner  of  water-works.  When  such  resolution  shall  be  so 
rescinded  the  court  shall  make  no  further  appointment  of  commis- 
sioner of  water-works  until  a  resolution  shall  again  be  passed  by 
council  asHng  for  such  appointment. 

Section  3,  Act  of  June  5,  1913,  P.  L.  445. 

Section  27.  It  shall  be  the  duty  of  the  commissioners  of  water- 
works in  each  boron crh  of  the  Commonwealth,  where  a  commission 
of  water-works  is  established,  to  meet  within  ten  days  after  their 
appointment,  and  annually  thereafter,  and  organize  by  electing  a 
president  and  secretary. 

Section  4.  Act  of  June  5,  1913,  P.  L.  H5. 


121 


Section  28.  It  shall  be  the  duty  of  said  commissioners,  after  hav- 
ing duly  organized,  to  take  full  charge  and  control  of  the  water- 
works of  such  borough.  Said  commissioners  shall  have  power  to  ap- 
point all  necessary  officers  and  agents,  and  take  from  them,  respec- 
tively, such  security  for  the  faithful  performance  of  their  duty,  as 
they  shall  deem  proper;  and  to  fix  the  salaries  and  wages  of  such 
officers  and  agents;  to  provide  for  the  repair,  extension,  improve- 
ment, and  maintenance  of  said  water-works,  and  the  erection  of  new 
water-works;  to  collect  water-rents  and  to  make  and  establish  the 
rates,  terms,  and  conditions  upon  which  water  will  be  furnished 
to  applicants  therefor;  and  to  make  by-laws,  rules,  and  regulations 
for  the  economical  and  efficient  management  and  protection  of  said 
water-works. 

Section  5,  Act  of  June  5,  1913.  P.  L.  445. 

Section  29.  The  council  of  any  borough'  within  this  Common- 
wealth may,  upon  request  of  the  commissioners  of  water -works,  is- 
sue bonds  for  the  extension  of  water- works  or  the  erection  of  new 
water-works.  Said  bonds  shall  be  issued  in  the  form  and  manner  now 
provided  for  by  law,  and  shall  be  designated  "water-works  bonds." 
They  shall  be  delivered  to  said  commissioners,  from  time  to  time, 
upon  their  requisition,  after  the  commencement  of  the  work  for  the 
payment  of  which  such  bonds  were  issued.  Each  such  requisition 
shall  be  accompanied  by  a  detailed  statement  of  the  work  done  and 
materials  purchased.  Said  bonds  shall  not  be  sold  for  less  than  par 
and  the  proceeds  thereof  shall  be  applied  to  the  purposes  for  which 
said  bonds  were  issued,  and  no  other. 

Section  6,  Act  of  June  5,  1913,  P.  L.  445. 

Section  30.  The  said  commissioners  shall  prepare  plans  -and 
specifications  of  all  work  to  be  performed  and  materials  necessary 
for  the  lepair,  maintenance,  and  extension  of  such  water-works,  or 
the  erection  of  new  water-works;  and  shall,  after  plans  and  specifi- 
cations for  the  extension  of  water-works  or  the  erection  of  new 
water-works  have  been  submitted  to  and  approved  by  the  Depart- 
ment of  Health,  in  accordance  with  the  provisions  of  an  act  of  As- 
sembly, approved  the  twenty-second  day  of  April,  one  thousand  nine 
hundred  and  five,  entitled  "An  act  to  preserve  the  purity  of  the 
waters  of  the  State,  for  the  protection  of  the  public  health,"  and  a 
permit  granted  therefor  by  the  Commissioner  of  Health, — by  due 
public  notice,  invite  proposals  for  the  performing  of  such  work 
and  the  furnishing  of  such  materials;  and  shall,  in  all  cases,  let 
the  contracts  therefor  to  the  lowest  responsible  bidder,  and  shall 
taT  e  adequate  security  for  the  performance  of  such  contracts. 

Section  7,  Act  of  June  5,  1913,  P.  L.  445 


122 


Section  31.  Said  commissioners  sliall  make  a  monthly  report  to 
the  council  of  the  borough  of  I  lie  receipts  and  disbursements  during 
the  preceding  month;  and  annually  make  a  detailed  report  of  the 
condition  of  said  \va tor-works,  which  sliall  be  published  by  the  coun- 
cil of  said  borough  for  the  information  of  the  public.  Said  commis- 
sioners shall  cause  all  moneys  collected  to  be  deposited  weekly  by 
the  collectors  with  the  borough  treasurer,  who  sliall  return  a  re- 
ceipt therefor  to  the  said  commissioners.  All  moneys  so  collected 
shall  bo  kept  in  a  separate  fund,  and  shall  be  used  for  the  purpose 
of  lepairing,  maintaining,  and  extending  said  water-works,  the  erec- 
tion of  new  water-works,  or  the  payment  of  any  indebtedness  on 
said  waterworks,  and  for  no  other  purpose.  No  money  shall  be 
drawn  from  said  fund  except  upon  order  countersigned  by  the  presi- 
dent and  secretary  of  said  commission. 

Section  S,  Act  of  June  5,  11)13,  P.  L.  445. 

Section  32.  All  by-laws,  rules  and  regulations,  not  inconsistent 
with  the  laws  of  the  Commonwealth,  the  rules  and  regulations  of 
the  Department  of  Health  or  the  Water  Supply  Commission,  when 
made  by  said  commissioners,  shall  have  the  force  and  effect  of  ordi- 
nances of  said  borough,  and  the  penalties  imposed  thereby  shall  be 
collected  in  the  same  manner  as  penalties  imposed  by  borough  ordi- 
nances are  collected. 

Section  9,  Act  of  June  5,  1913,  P.  L.  445. 

Section  33.  Whenever  two  or  more  boroughs,  or  any  borough  and 
township,  having  united  in  the  construction  or  acquisition  and 
maintenance  of  water- works,  or  hereafter  uniting  for  the  purpose  of 
constructing  or  acquiring  and  maintaining  water-works,  desire  to 
avail  themselves  of  the  provision  of  this  act,  so  far  as  relates  to 
commissioners  of  water-works,  the  councils  of  such  boroughs  may 
join  with  the  commissioners  or  supervisors  of  such  townships  after 
ordinance  duly  passed  and  apply  to  the  court  of  common  pleas 
of  the  proper  county  for  the  appointment  of  a  commission  of  water- 
works in  accordance  with  section  twenty-five  of  this  article.  Said 
commission  shall  be  composed  of  citizens  of  each  of  said  boroughs 
and  townships  so  uniting. 

Section  1.0,  Act  of  June  5,  1 !)!:},  P.  L.  445. 

(b)  MANUFACTURE  AND  SUPPLY  OF  ELECTRICITY. 
Section  34.  Boroughs  shall  have  the  right  to  manufacture  elec- 
tricity for  commercial  purposes  for  the  supply  and  use  of  the  in- 
habitants of  said  boroughs,  and  may  introduce  the  arc  or  incan- 
descent electric  light  or  any  other  form  or  style  of  electricity  that 
may  be  deemed  most  expedient  and  desirable,  and  said  boroughs  may 
enact  such  ordinances  as  may  be  proper  and  necessary  to  intro- 

123 


duce  and  supply  the  inhabitants  of  said  borougflk  who  may  desire 
to  use  the  said  electricity  in  their  dwelling-houses,  store-rooms  and 
other  places  in  said  boroughs,  and  regulate  by  ordinances  the  price 
to  be  charged  for  the  same. 

Part  of  Section  1,  Act  of  May  20,  1891,  P.  L.  90. 

Section  35.  In  all  boroughs  desiring  to  furnish  electric  lights, 
where  electric  light  companies  organized  under  laws  of  this  Com- 
monwealth are  already  furnishing  electric  lights  to  such  borough 
or  the  public,  such  borough  shall  endeavor,  and  is  hereby  authorized 
and  empowered  to  purchase  the  works  of  such  corporation  at  such 
price  as  may  be  agreed  upon  by  councils  of  said  boroughs  and  a 
majority  in  value  of  the  stockholders  of  such  corporation. 

Part  of  Section  1,  Act  of  May  20,  1891,  P.  L.  90. 

Section  36.  In  ease  of  failure  so  to  agree,  such  borough  may 
present  a  petition  to  the  court  of  common  pleas  of  the  county  in 
which  such  borough  is  located,  asking  for  the  appointment  of  view- 
ers to  assess  the  value  of  the  plant  and  works  so  taken;  whereupon 
the  court  shall  appoint  three  discreet  and  disinterested  freeholders 
of  said  county,  neither  of  whom  shall  be  stockholders  in  said  cor- 
poration or  tax-payers  in  said  borough,  and  shall  appoint  a  time 
for  their  meeting,  of  which  meeting  ten  days'  notice  shall  be  given 
to  all  parties  in  interest. 

Part  of  Section  1?  Act  of  May  20,  1891,  P.  L.  90,  as  supplied 
by  Act  of  June  23,  1911,  P.  L.  1123. 

Section  37.  The  said  viewers  having  first  been  duly  sworn  or  af- 
firmed, faithfully,  justly  and  impartially  to  appraise  said  prop- 
erty, and  having  viewed  the  premises  and  taken  such  testimony  as 
may  be  offered  by  either  party  touching  the  value  of  said  property 
and  franchises,  they  shall  estimate  and  determine  what  amount  of 
damage  has  been  or  may  be  sustained  by  such  corporation,  and  to 
whom  payable,  and  make  report  thereof  to  the  said  court,  which 
report  having  been  confirmed  by  the  said  court,  judgment  shall  be 
entered  thereon. 

Part  of  Section  1,  Act  of  May  20,  1891,  P.  L.  90. 

Section  38.  Each  of  said  viewers  shall  be  entitled  to  receive  two 
dollars  for  each  day  necessarily  employed  in  the  performance  of  the 
duties  herein  prescribed. 

Part  of  Section  1,  Act  of  May  20,  1891,  P.  L.  90. 

Section  39.  Either  party  may  at  any  time,  within  thirty  days 
after  the  confirmation  of  such  report,  appeal  therefrom  to  the  said 

court. 

Part  of  Section  1,  Act  of  May  20,  1891,  P.  L.  90. 

124 


Section  40.  After  such  appeal  either  party  may  put  the  cause  at 
issue  in  the  form  directed  by  said  court,  and  the  same  shall  then 
be  tried  by  said  court  and  a  jury,  and  after  final  judgment  either 
party  may  have  an  appeal  to  the  supreme  court  in  the  manner  pre- 
scribed in  other  cases. 

Part  of  Section  1,  Act  of  May  20,  1891,  P.  L.  90. 

Section  41.  The  court  shall  have  power  to  order  what  notices 
shall  be  given  in  connection  with  any  part  of  the  proceedings,  and 
may  make  all  such  orders  connected  with  the  same  as  may  be  deemed 
requisite. 

Part  of  Section  1,  Act  of  May  20,  1891,  P.  L.  90. 

Section  42.  Jf  any  exceptions  be  filed  with  any  appeal  to  the 
proceedings,  they  shall  be  speedily  disposed  of,  and  if  allowed,  a 
new  view  shall  be  ordered,  and  if  disallowed,  the  appeal  shall  pro- 
ceed as  before  provided. 

Part  of  Section  1,  Act  of  May  20,  1891,  P.  L.  90. 

Section  43.  Before  any  debt  shall  be  contracted  or  incurred  by 
any  borough  for  the  manufacture  of  electricity  for  the  purposes  men- 
tioned and  specified  in  the  preceding  sections  of  this  article,  the 
question  of  the  right  to  increase  the  debt  of  said  boroughs  for  said 
purposes  shall  first  be  submitted  to  the  qualified  voters  of  said  bor- 
oughs, in  the  manner  now  provided  by  law  for  the  increase  of  the 
indebtedness  of  municipal  corporations  in  this  Commonwealth. 

Section  2,  Act  of  May  20,  1891,  P.  L.  90. 


CHAPTEK  VI. 
ARTICLE  XIX. 

PUBLIC  BUILDINGS  AND  WORKS. 
(a)     PUBLIC  BUILDINGS. 

Section  1.  All  boroughs  shall  have  the  power  to  acquire,  enter 
upon,  take,  use,  and  appropriate  private  property,  and  also  land 
heretofore  granted  or  dedicated  to  public  use  which  is  no  longer 
used  for  the  purpose  for  which  the  same  was  granted  or  dedicated, 
for  the  erection  theieon  of  town  hall,  hose-house,  lockup,  filter  plant, 
and  such  other  public  buildings  and  works  as  are  necessary  for  pub- 

125 


lie  municipal  purposes  within  the  corporate  limits  of  such  borough, 
whenever  the  council  thereof  shall,  by  ordinance,  determine  thereon; 
the  compensation  and  damages  arising  from  such  taking,  using,  and 
appropriating  of  private  property,  for  the  purposes  aforesaid,  shall 
be  considered,  ascertained,  determined,  awarded,  and  paid  in  the 
manner  hereinafter  provided:  Provided,  That  no  land  or  prop- 
erty belonging  to  or  used  for  any  cemetery,  burying  ground,  or 
place  of  public  workship  shall  be  taken  or  appropriated,  in  any 
manner,  under  and  by  virtue  of  the  provisions  of  this  article. 

Section  1,  Acts  of  June  1,  1907,  P.  L.  365,  and  April  15,  1913, 
P.  L.  06,  amending  Section  1,  Act  of  June  10,  1901,  P.  L.  555. 

Mercersburg  College,  53  Sup.  Ct.  388. 

Section  2.  If  the  compensation  and  damages  arising  from  such 
taking,  using  and  appropriating  of  private  property,  for  the  pur- 
poses aforesaid,  cannot  be  agreed  upon  by  the  owners  thereof  and 
such  borough,  it  shall  be  lawful  for  such  borough  to  tender  its  bond 
as  security  to  the  party  claiming  or  entitled  to  any  damages,  or 
to  the  attorney  or  agent  of  any  absent  person,  or  to  the  agent  or 
other  officers  of  a  corporation,  or  to  the  guardian  or  committee 
of  any  person  under  legal  incapacity;  the  condition  of  which  shall 
be,  that  the  said  borough  shall  pay  or  cause  to  be  paid  such  amount 
of  damages  as  the  party  shall  be  entitled  to  receive,  after  the  same 
shall  have  been  agreed  upon  or  assessed. 

Part  of  Section  2,  Act  of  June  10,  1901,  P.  L.  555. 

Section  3.  In  case  the  party  or  parties  claiming  damages  re- 
fuse or  do  not  accept  the  security  so  tendered,  the  said  borough 
shall  then  give  the  party,  his  or  their  agent,  attorney,  guardian  or 
committee,  at  least  ten  days'  written  notice  of  the  time  when  the 
same  will  be  presented  in  any  court  of  common  pleas  of  the  county 
in  which  the  land  so  to  be  acquired,  taken,  used  or  appropriated  is 
situate  for  approval;  and  thereafter  the  said  borough  may  present 
its  bond  to  said  court  of  common  pleas,  and,  when  approved,  the  said 
bond  shall  be  filed  in  said  court  for  the  benefit  of  those  interested, 
and  recovery  may  be  had  thereon  for  the  amount  of  damages  ascer- 
tained or  finally  determined,  if  the  same  be  not  paid,  by  execution 
on  the  judgment  in  the  issue  formed  to  try  the  question;  and  upon 
the  approval  of  said  security,  said  borough  may  enter  into  posses- 
sion, take,  hold,  use  and  enjoy  said  land,  for  the  purposes  aforesaid, 
forever. 

Part  of  Section  2,  Act  of  June  10,  1901,  P.  L.  555. 

Section  4.  Whenever  the  borough  authorities  shall  desire  to  take 
any  lands  heretofore  granted  or  dedicated  to  a  use  or  purpose  for 
which  the  same  are  no  longer  used,  they  shall  pass  an  ordinance 

126 


declaring  such  intention,  and  they  shall  thereupon  petition  the  court 
of  common  pleas  of  the  counly  in  which  such  lands  are  situate  for 
leave  lo  iile  the  bond  of  such  borough,  for  the  purpose  of  secur- 
ing any  person  or  peisons  who  may  be  injured  by  the  taking  of 
such  lands;  and  the  said  court  shall  thereupon  direct  such  notice 
to  be  given,  by  publication  in  at  least  two  newspapers  of  the 
county  in  which  such  lands  are  situate,  as  to  the  said  court  shall 
.seen i  proper,  and  if  no  exceptions  are  filed  to  the  said  bond  on  or 
before  the  day  fixed  in  said  notice,  the  court  shall  approve  the  said 
bond.  The  said  court  shall  have  power  to  increase  the  amount  of 
said  bond,  and  to  hear  and  determine  all  exceptions  that  may  be~ 
filed  against  the  approval  thereof.  Upon  the  approval  of  such 
bond,  the  said  municipal  authorities  shall  have  the  right  to  enter 
upon  and  take  such  lands,  and  the  said  bond,  which  shall  be  in  the 
name  of  the  Commonwealth,  for  the  use  of  any  person  or  persons 
who  may  be  legally  entitled  to  damage  by  reason  of  the  taking  of 
the  said  lands,  shall  remain  on  file  for  their  use  and  benefit. 

Section  3,  Act  of  June  10,  1901,  P.  L.  555. 

Section  5.  In  case  the  compensation  for  damages  accruing  from 
such  appropriation  has  not  been  agreed  upon  by  the  parties  in  in- 
terest, any  court  of  common  pleas  of  the  proper  county,  as  aforesaid, 
or  any  law  judge  thereof  in  vacation,  on  application  thereto  by  said 
borough  or  any  person  interested  in  such  land  and  property,  shall 
appoint  three  discreet  and  disinterested  freeholders  as  viewers,  and 
appoint  a  time,  not  less  than  ten  nor  more  than  twenty  days  there- 
after, when  said  viewers  shall  meet  upon  the  property  and  view  the 
same  and  the  premises  affected  thereby.  The  said  viewers  shall  give 
at  least  five  days'  personal  notice  of  the  time  of  their  first  meeting, 
upon  the  owners,  agents,  attorneys,  or  representatives  thereof  if 
the  same  reside  within  the  county  in  which  such  borough  is  located ; 
otherwise,  by  handbills  posted  upon  the  premises,  or  by  such  other 
notice  as  the  court  shall  direct.  The  said  viewers,  having  been  duly 
sworn  or  affirmed  faithfully,  justly  and  impartially  to  decide  and 
true  report  to  make  concerning  all  matters  and  things  to  be  sub- 
mitted to  them,  in  relation  to  which  they  are  authorized  to  inquire, 
and  having  viewed  the  premises  or  examined  the  property,  shall 
hear  all  parties  interested  and  their  witnesses;  and,  having  due 
regard  to  the  advantages  and  disadvantages  shall  estimate  and  de- 
termine the  damages  for  the  property  taken,  used  or  appropriated, 
and  to  whom  the  same  are  payable;  they  shall  give  at  least  ten  days' 
notice  thereof,  to  all  parties  interested,  of  the  time  and  place  when 
said  viewers  will  meet  and  exhibit  said  report  and  hear  any  excep- 
tions thereto.  After  making  whatever  changes  are  deemed  neces- 
sary and  proper,  the  said  viewers  shall  make  a  report  to  the  court, 

9— C  127 


showing  the  damages  if  any  allowed,  and  file  therewith  a  plan  show- 
ing the  properties  acquired,  taken,  used  and  appropriated,  and 
the  names  of  the  persons  to  whom  such  damages  are  payable. 

Section  4,  Act  of  June  10,  1901,  P.  L.  555. 

Section  6.  Upon  the  report  of  said  viewers,  or  any  two  of  them, 
being  filed  in  said  court,  any  party  may  within  thirty  days  there- 
after file  exceptions  to  the  same,  and  the  court  shall  have  power 
to  confirm  said  report,  or  to  modify,  change  or  otherwise  correct 
the  same,  or  refer  the  same  back  to  the  same  or  new  viewers,  with 
like  power  as  to  their  report.  Or  within  thirty  days  from  the  filing 
of  any  report  in  court,  any  party  whose  property  is  so  acquired, 
taken,  used  or  appropriated,  may  appeal  to  the  court  of  common 
pleas  of  said  county  and  demand  a  trial  by  jury;  and  any  party 
interested  therein  may,  within  thirty  days  after  final  decree,  have 
an  appeal  to  the  superior  or  the  supreme  court.  If  no  exceptions 
are  filed  or  no  demand  made  for  trial  by  jury,  within  the  said  thirty 
days  after  the  filing  of  said  report,  the  same  shall  become  absolute. 
The  said  court  of  common  pleas  shall  have  power  to  order  what 
notices  shall  be  given  in  connection  with  any  part  of  said  proceed- 
ings and  may  make  all  such  orders  as  it  may  deem  requisite. 

Section  5,  Act  of  June  10,  1901,  P.  L.  555. 

Section  7.  The  viewers,  may  be  appointed  before  or  at  any  time 
after  the  entry,  taking  or  appropriation  of  any  property  to  be  used 
for  the  purpose  aforesaid.  They  shall  have  power  to  administer 
oaths,  and  adjourn  their  hearings  from  day  to  day  as  they  may  find 
necessary. 

Section  6,  Act  of  June  10,  1901,  P.  L.  555. 

Section  8.  The  costs  of  the  viewers  and  all  court  costs  incurred 
in  the  said  proceedings  including  advertising  and  printing  and 
posting  notices,  shall  be  defrayed  by  the  said  borough;  and  each 
of  the  said  viewers  shall  be  entitled,  as  compensation,  to  a  sum 
not  exceeding  five  dollars  per  day  for  every  day  necessarily  employed 
in  the  performance  of  the  duties  herein  prescribed. 

Section  7,  Act  of  June  10,  1901,  P.  L.  555. 

Section  9.  All  damages,  when  ascertained  and  determined,  shall 
be  assessed  against  and  paid  by  the  borough  so  taking,  using  and 
appropriating  the  property,  as  aforesaid. 

Section  8,  Act  of  June  10,  1901,  P.  L.  r».V». 

Section  10.  In  the  preparation  of  specifications  for  the  erection, 
construction,  and  alteration  of  any  public  building,  when  the  entire 
cost  of  such  work  shall  exceed  one  thousand  dollars,  it  shall  be  the 

128 


duly  of  the  architect,  engineer,  or  other  person  preparing  such 
specifications,  to  prepare  separate  specifications  for  the  plumbing, 
heating,  ventilating,  and  electrical  work;  and  it  shall  be  the  duty 
of  the  JKM  son  or  persons  authorized  to  enter  into  contracts  for  the 
erection,  construction,  or  alteration  of  such  public  buildings  to 
receive  separate  bids  upon  each  of  the  said  branches  of  work,  and 
to  award  the  contract  for  the  same  to  the  lowest  responsible  bidder 
for  each  of  said  branches. 

Section  1,  Act  of  May  1,  1913,  P.  L.  ]».->. 

Section  11.  Tn  the  letting  of  contracts  for  the  erection  and  con- 
struction of  any  public  building  when  plans  and  specifications  for 
same  shall  be  submitted  for  bids,  the  same  shall  be  accompanied  by 
a  bill  or  list  of  quantities  of  materials  required  for  such  build- 
ing, to  be  prepared  and  furnished  by  the  architect  or  engineer  pre- 
paring  the  plans,  which  bill  or  list  shall  be  attached  to  the  specifi- 
cations, and  shall  be  for  a  guide  to  bidders  in  making  their  esti- 
mates of  materials  required,  and  a  means  by  which  bidders  may 
test  their  own  estimates:  Provided  however,  That  the  correctness 
of  such  bill  or  list  of  materials  shall  not  be  taken  as  being  guar- 
anteed  by  the  authorities  submitting  such  plans  and  specifications 
for  bids. 

Section  1,  Act  of  July  2,  1895,  P.  L.  42G. 

(b)     PUBLIC  WORKS. 

Section  12.  The  several  boroughs  of  this  Commonwealth  shall 
have  power  to  purchase  any  real  estate,  within  or  without  the  bor- 
ough limits,  which  they  may  need,  upon  which  to  erect,  construct, 
and  maintain  garbage  or  incinerating  furnaces  and  sewage-disposal 
works  or  plants,  with  the  necessary  filter-beds,  appliances,  drains, 
and  sewers,  and  for  any  extensions  thereof;  and  in  case  they  cannot 
agree  with  the  owner  or  owners  as  to  the  price  thereof,  or  in  case 
the  owner  or  owners  thereof  are  absent,  or  are  incapacitated  from 
any  cause,  or  are  unknown,  by  reason  of  which  no  agreement  can  be 
made,  it  shall  be  lawful  for  each  respective  borough,  and  the  same 
is  hereby  authorized  and  empowered,  to  take  and  appropriate  for 
any  of  the  said  purposes,  and  any  extensions  thereof,  such  neces- 
sary and  sufficient  real  estate,  within  or  without  the  borough  lim- 
its, as  the  case  may  be  after  an  ordinance  shall  have  been  passed 
providing  for  such  taking  and  appropriation:  Provided,  That  in 
no  case  shall  any  real  estate  be  acquired,  or  contract  for  the  con- 
struction of  sewage-disposal  works  or  plants,  or  sewer  drains  extend- 
ing thereto,  be  enteied  into,  until  a  permit  for  the  location  and  con- 
st ruci  ion  of  the  same  shall  have  been  obtained  from  the  Commissioner 
of  Health. 

Section  1,  Act  of  April  1,  1909,  P.  L.  79. 

129 


Section  13.  Tn  cases  where  the  borough  and  the  owner  or  owners 
cannot  agree  as  to  the  price  or  damages  to  be* paid;  or  where,  by 
reason  of  the  absence  or  legal  incapacity  of  such  owner  or  owners, 
or  where  the  owner  or  owners  are  unknown,  no  agreement  as  to  the 
price  or  the  damages  sustained  can  be  agreed  upon;  the  said  bor- 
ough may  tender  its  bond  to  the  party  claiming  or  entitled  to  said 
moneys  or  damages  or  to  the  agent  of  any  person  absent,  or  to  the 
guardian  or  committee  of  any  one  under  legal  incapacity;  the  con- 
dition of  which  shall  be,  that  the  said  borough  will  pay  or  cause 
to  be  paid  such  amount  of  damages  as  the  party  shall  be  entitled  to 
receive,  after  the  same  shall  have  been  agreed  upon  by  the  parties, 
or  assessed:  Provided,  however,  That  in  case  the  party  claiming 
damages  refuses  to  or  does  not  accept  said  bond  as  tendered,  the 
said  borough  shall  then  give  said  party  a  written  notice,  at  least 
five  days  beforehand,  of  a  time  when  the  same  will  be  presented  for 
filing  in  court;  and  thereafter  said  borough  may  present  said  bond 
to  the  proper  court  of  common  pleas,  or  to  any  law  judge  thereof  in 
vacation;  and  if  the  said  bond  is  approved,  it  shall  be  filed  in  said 
court  for  the  use  of  those  interested. 

Part  of  Section  2,  Act  of  April  1,  1009,  P.  L.  79. 

Section  14.  In  case  the  title  to  the  lands,  to  be  taken  and  ap- 
propriated as  aforesaid,  is  defective,  disputed,  or  doubtful;  or  the 
party  owning  or  interested  in  the  said  real  estate  is  absent,  un- 
known, not  of  full  age,  of  unsound  mind,  or  from  any  cause  cannot 
be  bargained  with  or  served  with  notice  or  have  a  bond  tendered  to 
him,  her  or  them,  within  the  county  where  the  lands  are  taken;  the 
court  of  common  pleas  of  the  proper  county,  or  any  judge  thereof 
in  vacation,  upon  petition  of  the  said  borough  setting  forth  the 
necessary  facts,  shall  direct  the  filing  of  a  bond  to  the  Common- 
wealth of  Pennsylvania,  in  an  amount  to  be  fixed  and  approved  by 
the  court,  or  a  law  judge  in  vacation,  for  the  use  of  those  who  may 
be  found  entitled  to  the  damages  for  said  taking  and  appropria- 
tion; the  condition  whereof  shall  be  the  same  as  is  hereinabove  pro- 
vided in  bonds  to  be  tendered  owners  when  known.  Upon  the  filing 
and  approval  of  any  bond  provided  for  by  this  section,  the  re- 
spective borough  shall  have  the  right  to  enter  upon,  take  and  ap- 
propriate the  lands  mentioned  in  the  bond  aforesaid,  and  the  title 
acquired  by  virtue  of  the  provisions  of  this  act  shall  be  the  fee  sim- 
ple title. 

Part  of  Section  2,  Act  of  April  1,  1909,  P.  L.  79. 

Section  15.  Tn  case  the  damages  for  the  said  taking  and  ap- 
propriation have  not  been  agreed  upon,  any  court  of  common  pleas 
of  the  proper  county,  or  any  law  judge  thereof  in  vacation,  on  ap- 
plication thereto  by  petition  of  the  borough  or  any  person  inter- 

130 


ested,  shall  appoint  three  disci-eel  and  disinterested  freeholders 
as  viewers,  and  appoint  a  time,  not  less  than  twenty  nor  more  than 
thirty  days  thereafter,  when  said  viewers  shall  meet  upon  the  prem- 
ises or  lands  taken  or  appropriated  and  view  the  same.  The  said 
viewers  shall  give  or  cause  to  be  given  at.  least  ten  days'  notice  of 
said  meeting,  to  the  owner  or  owners  of  the  lands  taken,  if  such 
owner  or  owners  reside  within  the  proper  county,  and  can  be  found; 
and  where  the  owner  or  owners  are  minors  and  have  a  guardian, 
11 1  en  said  notice  shall  be  given  to  the  guardian,  if  resident  within  the 
county,  and  can  be  found;  and  where  the  owner  or  owners  are  luna- 
lic  or  of  unsound  mind,  and  have  a  committee  or  guardian,  such  no- 
lice  shall  be  served  upon  said  guardian  or  committee;  and  in  all 
cases  where  the  owner  or  owners  are  incapacitated  or  are  unknown, 
notice  shall  be  given  in  at  least  two  newspapers  of  general  circula- 
tion, p.-inted  and  published  in  the  proper  borough  or  county;  and 
they  shall  give  such  other  or  further  notice  as  the  court  shall  di- 
rect, having  regard  to  the  circumstances  of  the  case.  Where  minors 
have  no  guardian,  and  lunatics  or  persons  of  unsound  or  feeble  mind 
have  no  guardians  or  committees,  the  said  court  shall  have  power 
to  appoint  a  guardian  or  committee  ad  litem,  and  direct  that  said 
notice  and  all  other  notices  required  by  this  act  shall  be  served  upon 
them. 

Section  3,  Act  of  April  1,  1909,  P.  L.  79. 

Section  16.  The  said  viewers,  having  been  duly  sworn  or  af- 
firmed faithfully,  justly  and  impartially  to  decide  and  a  true  report 
to  make  concerning  the  matter  to  be  submitted  to  them,  in  relation 
lo  which  they  are  authorized  to  inquire,  shall  hear  the  parties  in- 
terested and  their  witnesses;  and  shall  estimate  and  determine  the 
value  of  the  lands  taken  and  appropriated,  and  any  damages  that 
may  have  been  sustained  by  reason  of  said  taking  and  appropria- 
tion, and  to  whom  the  same  is  payable;  and,  having  so  estimated 
and  determined  the  value  of  the  property  and  damages  sustained, 
they  shall  make  up  their  report,  which  shall  be  signed  by  them,  or 
any  two  of  them,  and  thereupon  filed  in  the  court  of  common  pleas 
from  which  the  order  to  view  issued.  Upon  the  filing  of  said  re- 
port, the  said  viewers  shall  give  notice  thereof  by  one  publication, 
in  at  least  two  newspapers  printed  and  published  in  the  proper  bor- 
ough or  county,  and  in  additional  papers  if  so  directed  by  the 
court. 

Section  4,  Act  of  April  1,  1909,  P.  L.  79. 

Section  17.  Upon  said  report  being  filed  in  court,  any  interested 
party,  within  thirty  days,  may  file  exceptions  thereto;  and  the 
court  shall  have  power  to  confirm,  modify,  change,  or  otherwise  cor- 
rect the  same,  or  refer  the  same  back  to  the  same  or  new  viewers, 

131 


with  like  power  as  to  their  report.  Or  within  said  thirty  days 
from  the  filing  of  any  such  report  in  court,  the%respective  borough, 
or  any  party  whose  lands  have  been  taken,  may  appeal  to  the 
proper  court  of  common  pleas,  and  demand  a  trial  by  jury  accord- 
ing to  the  course  of  the  common  law;  and  said  court  shall  have 
power  to  order  what  notices  shall  be  given  in  connection  with  any 
part  of  the  proceedings,  and  make  all  such  orders  as  it  may  deem 
requisite.  Upon  the  entry  of  final  judgment  on  any  issue  had  upon 
such  appeal,  either  party  shall  have  the  right  to  an  appeal  to  the 
superior  or  supreme  court,  as  in  other  cases. 

Section  5,  Act  of  April  1,  1909,  P.  L.  79. 

Section  18.  The  viewers  provided  for  in  the  foregoing  sections 
may  be  appointed  at  any  time  after  the  ordinance  is  passed  and 
approved,  providing  for  said  taking  and  appropriation;  and  their 
fees  shall  be  not  more  than  four  dollars  for  each  day  necessarily  em- 
ployed, and  all  costs  of  views  shall  be  paid  by  the  proper  borough. 

Section  6,  Act  o*  April  1,  1909,  P.  L.  79. 

Section  19.  This  article  shall  not  be  construed  so  as  to  repeal, 
or  in  any  way  affect  the  provisions  of  an  act,  entitled  "An  act  to 
preserve  the  purity  of  the  waters  of  the  State  for  the  protection 
of  the  public  health,"  approved  the  twenty-second  day  of  April,  one 
thousand  nine  hundred  and  five,  or  to  in  any  way  limit  powers  of 
the  Department  of  Health  with  regard  to  the  regulations  of  the  dis- 
charge of  sewage  in  the  boroughs  of  this  Commonwealth. 

.Section  7,  Act  of  April  1,  1909,  P.  L.  79. 

Section  20.  Any  borough  desiring  to  locate  any  garbage  or  in- 
cinerating plant  under  the  provisions  hereof  shall  first  apply  to  the 
court  of  common  pleas  of  the  proper  county  for  its  approval  of 
the  location  thereof;  whereupon  said  court  shall  fix  a  date  upon 
which  objection  to  the  said  location  will  be  heard  by  the  court, 
and  shall  also  prescribe  what  notice  of  such  hearing  shall  be  given. 
If  at  the  time  fixed  for  such  hearing,  after,  notice  given  as  prescribed 
by  the  court,  no  objection  shall  be  made  to  such  location,  the  same 
shall  be  approved;  but  if  objection  be  made,  then  the  court  shall 
proceed  promptly  to  hear  the  said  matter,  and  determine  whether  the 
said  location  is  an  unwarranted  detriment  to  neighboring  proper- 
ties; and  its  approval  or  disapproval  of  the  said  location,  based  upon 
the  said  finding,  shall  be  final  and  conclusive,  but  shall  in  no  way 
adjudicate  any  question  relating  to  the  right  of  any  person  to  re- 
cover damages  for  injuries  growing  out  of  the  location  or  opera- 
tion of  the  said  plant. 

Section  8,  Act  of  April  1,  1909,  P.  L.  79. 


132 


CHAPTER  VI. 


ARTICLE  XX. 


WHARVES  AND  DOCKS. 

( a )     CONSTRUCTION.  -  -  APPROPRIATION  OF  PRIVATE 

PROPERTY. 

Section  1.  The  town  council  of  all  boroughs  are  hereby  author- 
ized and  empowered  1<>  erect,  make  and  repair  wharves  and  docks, 
to  regulate  and  fix  the  rate  of  wharfage  for  all  public  wharves  and 
docks  within  their  respective  limits,  and  to  enforce  the  collection 
of  wharfage  for  the  use  of  the  same,  and  also  to  regulate  the  sta- 
tioning or  anchoring  of  vessels,  boats  or  rafts  within  their  respec- 
tive limits,  and  the  depositing  of  freight  or  lumber  on  the  said  public 
wharves. 

Part  of  Section  1,  Act  of  April  17,  1889,  P.  L.  34. 

Section  2.  That  the  several  boroughs  of  this  Commonwealth  shall 
have  power  to  acquire  by  purchase  or  by  condemnation  such  real 
estate  as  they  may  need  for  the  construction  of  wharves,  landing- 
places,  and  docks  within  the  limits  of  such  boroughs,  along  navigable 
streams. 

Section  1,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  3.  If  any  such  borough  shall  not  be  able  to  agree  with 
the  owner  or  owners  of  any  such  real  estate  relative  to  the  price 
thereof,  or  whenever  the  owner  or  owners  of  such  real  estate  shall 
be  absent,  or  shall  from  any  cause  be  incapacitated,  or  shall  be  un- 
known, whereby  no  such  agreement  can  be  made,  such  borough  may 
lake  and  appropriate  such  real  estate  as  may  be  necessary  for  the 
purposes  aforesaid.  No  real  estate  shall  be  taken  or  appropriated 
until  an  ordinance  authorizing  the  same  shall  have  been  duly  passed 
and  approved. 

Section  2,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  4.  Whenever,  from  any  cause,  an  agreement  cannot  be 
made  between  any  borough  and  the  owner  or  owners  of  any  such 
real  estate  as  to  the  pi-ice  thereof,  such  borough  may  tender  its 
bond  to  such  owner  or  owners,  or  to  the  agent,  if  such  owner  or 
owners  shall  be  absent,  or  to  the  guardian  or  committee  of  any  one 
incapacitated. 

Part  of  Section  ,°,  Act  of  June  21,  1911,  P.  L.  1099. 


133 


Section  5.  In  case  the  owner  or  owners,  or  agent  or  committee, 
or  guardian,  as  aforesaid,  shalU  refuse  to  accept  such  bond,  the 
borough  shall  present  such  bond  for  approval  to  the  court  of  com- 
mon pleas  of  the  proper  county,  or  to  any  law  judge  thereof  in  va- 
cation. A  notice  of  such  application,  in  writing,  with  a  true  copy 
of  the  proposed  bond,  shall  be  served  on  such  owner,  owners,  agent, 
committee,  or  guardian,  at  least  five  days  before  application  shall 
be  made  for  approval  of  such  bond.  If  such  bond  shall  be  approved 
by  said  court,  it  shall  be  filed  in  the  prothonotary's  office  of  the 
proper  county,  for  the  use  of  those  interested. 

Part  of  Section  3,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  6.  In  case  the  title  to  any  or  all  of  the  real  estate  so 
taken  shall  be  defective,  disputed,  or  unmarketable,  or  if  from  any 
cause  no  bond  can  be  tendered  as  aforesaid,  nor  any  notice  served, 
the  borough  may  present  its  petition  to  such  court,  or  to  any  law 
judge  thereof  in  vacation,  setting  forth  the  necessary  facts.  Where- 
upon such  court  or  judge  may  direct  that  the  bond  of  such  borough 
be  executed  to  the  Commonwealth,  and  filed  in  such  court,  for  the 
use  of  those  who  shall  be  entitled  to  any  damages  for  such  taking 
or  appropriation.  The  amount  of  such  bond  shall  be  fixed  by  said 
court  or  judge. 

Part  of  Section  3,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  7.  The  condition  of  each  bond  provided  for  in  the  fore- 
going sections  of  this  article  shall  be,  that  the  proper  borough  will 
pay  to  the  party  or  parties  entitled  thereto  such  amount  of  damages 
as  may  be  agreed  upon  between  such  party  or  parties  and  the  bor- 
ough, or  as  may  be  assessed  or  awarded. 

Part  of  Section  3,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  8.  Upon  the  approval  and  filing  of  any  bond  provided  for 
in  the  foregoing  sections  of  this  article,  the  proper  borough  may  en- 
ter upon,  take,  and  appropriate  the  real  estate  mentioned  in  such 
bond,  and  the  title  thereof,  acquired  by  such  borough,  shall  be  a 
title  in  fee  simple. 

Part  of  Section  3,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  9.  Whenever  the  price  or  damages  for  said  taking  and 
appropriation  shall  not  be  agreed  on,  the  said  court  or  judge,  on 
the  petition  of  the  borough  or  any  person  interested,  shall  ap- 
point three  discreet  and  disinterested  freeholders  as  viewers,  and 
shall  fix  a  time,  not  less  than  twenty  nor  more  than  thirty  days 
thereafter,  when  said  viewers  shall  meet  upon  the  said  real  estate 
and  view  the  same.  At  least  ten  days  notice  of  the  time  and  place 
of  such  meeting  shall  be  given  to  the  owner  or  owners  of  such  real 

134 


estate,  or  to  such  agent,  committee,  or  guardian.  If  service  of  such 
notice  cannot  be  had  on  such  owner,  owners,  agent,  committee,  or 
guardian,  such  notice  shall  be  given  in  at  least  two  newspapers  of 
general  circulation  in  such  borough,  or,  if  none  be  published  in  such 
borough,  then  in  two  such  newspapers  of  the  proper  county.  Such 
other  and  additional  notice  shall  be  given  as  the  said  court  or  judge 
may  direct. 

I 'art  of  Section  4,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  10.  When  any  owner  of  such  real  estate  shall  be  a  minor 
or  mentally  incapacitated,  the  said  court  may,  on  the  application 
of  such  borough,  appoint  a  guardian  or  committee  ad  litem  for  such 
owner,  ami  may  direct  that  said  notice  be  served  on  such  guardian 
or  committee. 

Part  of  Section  4,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  11.  The  said  viewers  shall  be  sworn  or  affirmed  to  per- 
form faithfully  and  impartially  the  duties  required  of  them.  Said 
viewers  shall  hear  all  parties  interested  and  their  witnesses,  shaU 
determine  the  fair  value  of  the  real  estate  taken  and  appropriated, 
and  shall  determine  the  damages,  if  any,  that  may  have  been  sus- 
tained by  reason  of  said  taking  and  appropriation,  and  to  whom  the 
same  shall  be  payable.  Said  viewers  shall  then  prepare  a  report  of 
their  findings,  which  shall  be  signed  by  at  least  two  of  them,  and 
which  shall  be  filed  in  the  court  aforesaid.  Within  five  days  after 
the  filing  of  said  report,  a  notice  of  such  filing  shall  be  published 
in  at  least  two  newspapers  of  general  circulation  published  in  such 
borough  or  county.  Additional  notice  may  be  given,  when  and  as 
directed  by  said  court. 

Section  5,  Act  of  June  21.  1911,  P.  L.  1099. 

Section  12.  The  damages  for  the  taking  or  injury  of  any  prop- 
erty for  use  as  a  public  wharf,  pier,  or  bulkhead  shall  include  full 
compensation  for  the  value  of  said  property  taken  or  injured;  and, 
in  the  event  that  the  property  so  taken  or  injured  shall  constitute 
a  part  of  a  plant  used  as  an  entirety,  the  damage  to  owner  or  tenant 
shall  be  assessed  by  taking  the  difference  in  market  value  of  such 
plant  as  a  whole,  including  buildings,  machinery,  fixtures,  and  other 
equipment,  installed  and  used  in  said  plant,  before  and  after  such 
taking  or  injuring,  and  notwithstanding  that  part  of  said  plant  may 
be  separated  by  a  street  or  public  highway. 

Section  1,  Act  of  June  20,  1913,  P.  L.  543. 

Section  13.  Exceptions  to  said  report  may  be  filed  by  the  borough 
or  any  party  interested,  within  thirty  days  after  such  report  shall 
be  filed.  Said  court  shall  have  the  power  to  confirm  or  modify  said 

135 


report,  or  to  refer  it  back  to  said  viewers,  or  to  refer  it  to  new 
viewers  with  powers  and  duties  similar  to  those  o?  the  former  view- 
ers. 

Part  of  Section  6,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  14.  Within  thirty  days  after  the  filing  of  said  report, 
said  borough  or  any  party  interested  may  appeal  to  the  proper  court 
of  common  pleas,  and  demand  and  be  entitled  to  a  trial  by  jury 
according  to  law.  Upon  final  judgment  on  such  appeal,  either  party 
may  appeal  to  the  superior  court  or  to  the  supreme  court,  as  in 
other  causes. 

Part  of  Section  6,  Act  of  June  21,  1911,  P.  L.  1099. 

Section  15.  Said  viewers  shall  receive  such  compensation,  not 
exceeding  five  dollars  per  day,  as  may  be- allowed  by  the  court.  The 
costs  of  all  proceedings  including  said  compensation,  shall  be  paid 
out  of  the  treasury  of  the  proper  borough. 

Section  7,  Act  of  June  21,  1911,  P.  L.  1099. 

(b)     AUTHORITY  TO  LEASE  WHARVES. 

Section  10.  Boroughs  shall  have  power  to  lease  all,  or  any  por- 
tion of  such  wharf,  or  wharves,  and  collect  rent  therefor  by  dis- 
tress or  otherwise,  as  now  provided  by  law  for  the  collection  of 
tents:  Provided,  That  no  one  term  of  such  lease  shall  be  for  a  longer 
period  than  three  years. 

Part  of  Section  1,  Act  of  April  17,  1889,  P.  L.  34. 

(c)     POWER  TO  ERECT  AND  MAINTAIN  MARKET  HOUSES 
AND  TERMINAL  STATIONS. 

Section  17.  In  addition  to  the  powers  hereinbefore  provided,  bor- 
oughs shall  have  power  to  erect  and  maintain  market  houses  and 
terminal  sheds  or  stations  on  wharves,  for  the  receipt  and  distribu- 
tion of  freight,  express,  and  other  matter  hauled  by  boats,  railroads, 
and  street  cars.  Said  power  shall  include  the  right  to  construct 
railroad  and  street-railway  tracks  or  other  facilities  on  said  wharves 
to  provide  for  the  convenient  handling  of  such  freight  or  express 
matter,  and  the  right  to  collect  rents,  tolls,  or  charges  for  the  use 
of  such  market  houses,  terminal  stations,  tracks,  and  other  facili- 
ties. No  permit  other  than  a  license  revocable  at  will  shall  be 
granted  for  the  use  of  such  tracks,  terminal  stations,  or  other  facili- 
ties, and  no  exclusive  permit  for  the  use  of  such  tracks  or  facilities 
shall  be  granted. 

Section  1,  Act  of  July  24,  1913,  P.  L.  1017. 


136 


Section  IS.  No  structure  creeled  pursuant  to  the  provisions  of 
the  preceding  section,  and  no  right  granted  under  the  powers  herein 
conferred,  shall  interfere  with  the  general  public  use  of  wharves  for 
river  commerce. 

Section  2,  Act  of  July  24,  1 !)!:»,,  P.  L.  1017. 


CHAPTER  VI. 


ARTICLE  XXI. 

POWER  TO   LICENSE  AND   LICENSE   FEES. 
(a)     AUCTIONEERS. 

Section  1.  It  shall  be  lawful  for  the  councils  of  the  incorporated 
boroughs  of  this  Commonwealth  to  regulate  and  license  persons  or 
firms  engaged  in  the  business  of  auctioneering  goods,  wares  and 
merchandise  of  whatever  kind  within  said  boroughs,  respectively,  and 
to  fix  the  amount  to  be  paid  by  the  same:  Provided,  That  this  sec- 
tion shall  not  apply  to  persons  or  firms  regularly  engaged  in  busi- 
ness, for  the  space  of  three  months,  within  said  boroughs,  who  may 
desire  to  sell  out  their  stock  of  goods  to  retire  from  business,  or  to 
reduce  stock:  And  provided  further,  That  the  license  herein  author- 
ized shall  be  in  addition  to  all  other  licenses  now  required  by  law. 

Section  1,  Act  of  May  7,  1887,  P.  L.  93. 

(b)     FOREIGN  DEALERS. 

Section  2.  Hereafter  the  several  boroughs  of  this  Commonwealth 
shall  have  power  to  tax  or  license  foreign  dealers  in  merchandise, 
or  their  agents,  having  no  permanent  place  of  business  in  any  such 
borough,  but  temporarily  engaged  in  selling  and  disposing  of  mer- 
chandise, either  by  wholesale  or  by  retail,  to  an  amount  not  exceed- 
ing the  local  taxes  or  licenses  imposed  on  resident  merchants  en- 
gaged in  a  like  business:  Provided,  That  the  provisions  of  this  sec- 
tion shall  not  apply  to  sales  by  sample. 

Section  1,  Act  of  May  24,  1887,  P.  L.  185. 


137 


Section  3.  Boroughs  shall  have  power  to  enforce  the  provisions 
of  the  preceding  section  by  providing  proper  penalties  by  ordinance 
duly  enacted. 

Section  2,  Act  of  May  24,  1887,  P.  L.  185. 

(c)     TRANSIENT  MERCHANTS. 

Section  4.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion, without  a  license  as  provided  in  this  section  or  the  subsequent 
sections  predicated  thereon,  to  conduct  any  business  in  any  bor- 
ough the  whole  or  greater  part  of  which  shall  consist  of  the  sale  of 
goods  which  shall  be  held  forth  or  represented  or  advertised  to  be 
goods  of,  or  obtained  from,  the  estate  of  any  bankrupt;  or  goods  of, 
or  obtained  from,  an  assignee,  or  a  person,  firm,  or  corporation  about 
to  go  out  of  business;  or  goods  that  have  been  damaged  in  any  way: 
Providing,  That  nothing  in  this  act  shall  prohibit  the  sale  of  any 
such  goods  by  any  assignee,  trustee,  receiver,  or  other  officer  ap- 
pointed by  any  court  of  this  Commonwealth  or  of  the  United  ^States, 
acting  for  the  estate  of  any  such  bankrupt,  or  other  person,  firm 
or  corporation,  within  the  limits  of  the  borough  wherein  the  said 
person,  firm  or  corporation  conducted  said  business,  or  had  the  goods 
immediately  before  the  appointment  of  such  assignee,  trustee,  re- 
ceiver or  other  officer:  And  provided  further,  Nothing  in  this  act 
shall  prohibit  the  sale  of  any  goods,  damaged  in  any  way,  if  the 
same  are  sold  .within  the  limits  of  the  borough  wherein  said  owner 
conducted  business,  or  had  the  said  goods  at  the  time  the  said  goods 
.become  damaged. 

Section  1,  Act  of  May  20,  1913,  P.  L.  227,  and  Section  1,  Act 
of  May  2,  1899,  P.  L.  159. 

Section  5.  A  license  to  conduct  such  business  shall  be  issued  by 
the  treasurer  of  the  proper  borough,  wherein  the  said  business  is 
conducted.  The  fees  for  boroughs  shall  be  fixed  by  ordinance  of  the 
proper  borough.  In  boroughs  the  license  fee  shall  not  be  less  than 
one  hundred  dollars  ($100),  nor  more  than  two  hundred  dollars 
($200),  for  each  calendar  month,  or  fraction  thereof.  The  license 
shall  be  renewed  monthly  during  the  time  such  person,  firm,  or  cor- 
poration shall  conduct  such  business.  This  license  shall  be  in  addi- 
tion to  all  license  fees  and  taxes  imposed  by  this  Commonwealth  and 
the  proper  borough. 

Section  2,  Act  of  May  20,  1913,  P.  L.  227,  Section  1,  Act  of 
May  2,  1899,  P.  L.  159. 


138 


gul 

(('11 


Section  6.     Any  person,   firm,  or  corporation  that  shall  violate 
y  of  the  provisions  of  sections  four  or  five  of  this  article  shall  be 
Ity  of  a   misdemeanor,  and  upon  conviction  thereof  shall  be  sen- 
enced  to  pay,  for  each  day  such  business  shall  be  conducted  without 
n  license,  a  fine  of  not  more  than  two  hundred  dollars  ($200). 

Section  3,  Act  of  May  20,  1913,  P.  L.  227,  Section  1,  Act  of 
May  2,  1899,  P.  L.  159. 

(d)     VEHICLES. 

Section  7.  The  town  council  of  each  borough  within  this  Com- 
monwealth shall  have  power  to  enact  ordinances  establishing  rea- 
sonable rates  of  license-tax  on  all  hacks,  carriages,  omnibuses,  motor- 
veil  ides,  and  other  vehicles  used  in  carrying  persons  or  property 
for  pay;  regulating  the  operation  and  compensation  of  such  vehicles 
within  the  limits  of  any  such  borough,  or  between  any  such  bor- 
ough and  other  points  or  places. 

Section  1,  Act  of  June  5,  1913,  P.  L.  434,  and  Section  1,  Act 
of  April  22,  1889,  P.  L.  39. 

Section  8.  The  said  ordinances  shall  be  enforced  as  other  ordi- 
nances are  by  law  enforced,  am^the  license-tax  shall  be  collected  as 
other  license-taxes,  fines,  and  penalties  are  authorized  to  be  col- 
lected in  Chapter  twelve.  Article  one. 

Section  2,  Act  of  June  5,  1913,  P.  L.  434,  and  Section  2,  Act 
of  April  22,  1889,  P.  L.  39. 

(e)     RESTRICTIONS. 

Section  9.  It  shall  be  unlawful  for  any  borough  of  this  Common- 
wealth to  levy  or  collect  any  money  or  tax,  as  a  license-fee,  from  any 
fanner  who  sells  his  own  products  in  or  about  the  streets  of  any  bor- 
ough of  this  Commonwealth. 

Section  1,  Act  of  April  22,  1903,  P.  L.  258. 

Section  10.     It  shall  be  unlawful  for  any  borough  to  levy  any  li- 
cense or  mercantile  tax  upon  persons  taking  orders  for  merchandise 
by  sample,  from  dealers,  for  individuals,  of  companies  who  pay  a  li- 
cense or  mercantile  tax  upon  their  chief  places  of  business.     It  shall 
so  be  unlawful  for  any  borough  to  collect  such  license  or  mercantile 
hereafter  levied  by  virtue  of  an  ordinance  of  any  borough :     Pro- 
vided, That  nothing  in  this  section  shall  authorize  such  person  to 
S  retail  to  others  than  dealers  or  merchants. 
Section  1,  Act  of  May  17,  1883,  P.  L.  31. 


also 
ta* 


139 


CHAPTER  VII. 
GOVERNMENT. 


ARTICLE  I. 


TOWN  COUNCIL. 

Section  1.  The  members  of  the  legislative  department  of  the  bor- 
oughs of  this  Commonwealth,  shall  assemble  in  their  place  of  meet- 
ing, for  the  purpose  of  organization,  at  ten  o'clock  in  the  forenoon 
of  the  first  day  of  the  term,  following  the  municipal  election,  on 
which  the  terms  of  any  members  of  such  legislative  department 
shall  begin. 

Section  1,  Act  of  June  0,  1911,  P.  L.  857. 

Section  2.  The  councils  of  the  several  boroughs  of  this  Comon- 
wealth  shall  organize  on  the  first  Monday  of  January,  one  thousand 
nine  hundred  and  sixteen  and  biennially  thereafter. 

Section  2,  Act  of  June  19,  1911,  P.  L.  1047. 

Section  3.  Before  entering  upon  the  duties  of  their  offices  the 
corporate  officers  shall  take  and  subscribe  an  oath  or  affirmation, 
before  any  judge  or  justice  of  the  peace  of  the  proper  county,  to 
support  the  constitution  of  the  United  States  and  of  the  Common- 
wealth of  Pennsylvania,  and  to  perform  the  duties  of  their  respec- 
tive offices  with  fidelity;  and  the  same  shall  be  entered  upon  or  filed 
among  the  records  of  the  corporation:  Provided,  That  the  chief 
officer  of  the  corporation,  having  been  first  duly  qualified,  may  ad- 
minister to  the  other  officers  the  said  oaths  and  affirmations. 

Section  3,  cl.  2,  Act  of  April  3,  1851,  P.  L.  320. 

Section  4.  The  chief  burgess  shall  have  the  right,  and  it  shall  be 
his  duty,  to  attend  the  meetings  of  the  said  council,  at  the  biennial 
organization  thereof  for  the  election  of  the  president  and  the  secre- 
tary and  such  other  officers  as  are  required  to  be  elected  at  that 
time;  and  shall  have  no  voice  unless  the  council  shall  be  equally  di- 
vided, in  which  event  he  shall  cast  the  deciding  vote  for  all  such  of- 
ficers. After  such  officers,  required  by  law  and  the  borough  ordin- 
ances, are  elected,  the  president-  elect  shall  assume  the  duties  of 
his  office,  and  shall  preside  over  the  meetings  of  said  council,  and 
when  absent  his  place  shall  be  filled  by  a  president  pro-tempore. 

Part  of  section  1,  Act  of  April  18,  1905,  P.  L.  215,  amend- 
ing Section  2,  Act  of  May  23,  1893,  P.  L.  113. 

140 


Section  5.  If  the  council  of  any  borough  in  this  Commonwealth 
shall  fail  to  organize  for  the  transaction  of  business  within  ten 
days  after  Ihe  time  fixed  by  law  for  said  organization  to  be  made, 
the  court  of  quarter  sessions  of  the  proper  county,  upon  complaint 
in  writing  of  any  ten  taxable  citizens  of  the  borough  sworn  to  by 
live  of  the  signers  thereof,  shall  issue  a  rule  to  show  cause  upon  the 
delinquents  why  his  or  their  seats  should  not  be  declared  vacant, 
returnable  not  less  than  five  days  thereafter,  and  on  due  proof 
of  such  failure  having  been  made  to  the  satisfaction  of  the  court,  it 
may  declare  the  seats  of  delinquent  councilmen  of  the  said  borough 
vacant  and  appoint  others  in  their  stead  until  the  next  borough 
election. 

Section  1,  Act  of  March  27,  1897,  P.  L.  8. 

Section  6.  It  shall  be  the  duty  of  the  corporate  officers,  a  ma- 
jority of  whom  shall  be  a  quorum: 

I.  To  meet  statedly  at  least  once  a  month,  and  within  ten  days 
after  the  election  of  any  corporate  officer. 

IT.  To  make  full  records  of  their  proceedings,  and  to  provide  for 
the.  preservation  thereof. 

Section  3,  paragraph  1,  and  clauses  I  and  3,  of  the  Act  of 
April  3,  1851,  P.  L.  320. 

III.  To  enact,  revise,  repeal  and  amend  all  such  laws,  rules, 
regulations  and  ordinances,  not  inconsistent  with  the  laws  of  the 
Commonwealth,  as  shall  be  determined  by  a  majority  of  them  neces- 
sary to  promote  the  peace,  good  order,  benefit,  and  advantage  of 
the  borough. 

Part  of  Section  8,  Act  of  April  1,  1834,  P.  L.  163,  Section 
2,  clause  1,  Act  of  April  3,  1851,  P.  L.  320. 

TV.  To  publish  in  at  least  one  newspaper,  if  such  be  printed  in 
the  proper  county,  and  by  not  less  than  twelve  advertisements,  to  be 
put  up  in  the  most  public  places  in  the  borough,  every  enactment, 
regulation,  ordinance  or  other  general  law,  at  least  ten  days  before 
the  same  shall  take  effect. 

To  appoint  and  remove  a  treasurer,  secretary,  solicitor,  one  or 
two  street  commissioners,  and  such  other  officers,  prescribe  their 
duties  and  allow  them  such  compensation  as  they  may  deem  neces- 
sary, to  secure  the  peace,  order  and  well-being  of  the  inhabitants, 
and  to  enforce  the  ordinances  and  regulations  of  the  borough. 

Section  3,  clauses  4,  and  5,  and  section  2,  clause  21,  of  the 

Act  of  April  3,  1851,  P.  L.  320. 


141 


VI.  From  time  to  time  to  fix  the  salaries  of  the  high  constable, 
secretary,  treasurer,  street  commissioner,  and  such  other  officer  as 
they  may  appoint;  and  also  the  compensation  to  be  made  to  the 
judges,  inspectors,  and  clerks  of  the  election  for  borough  officers; 
which  salaries  and  allowances  shall  be  paid  out  of  the  proper  borough 
treasury,  by  orders  drawn  thereon  signed  by  the  burgess. 

Section  15,  Act  of  April  1,  1834,  P.  L.  163. 

VII.  To  give  due  and  reasonable  personal  notice  of  all  orders 
and  regulations  affecting  particular  individuals. 

VIII.  To  make  a  draft  or  plan  of  the  roads,  streets,  lanes,  alleys 
and  courts  opened  or  laid  out,  with  every  explanation  necessary  to 
a  full  understanding  of  the  same,  which  draft  or  plan  shall  be  kept 
by  the  clerk,  and  shall  be  open  to  public  inspection  when  required. 

Section  3,  clauses  6  and  7,  Act  of  April  3,  1851,  P.  L.  320. 

IX.  To  fix  from  time  to  time,  the  amount  of  security  to  be  given 
by  the  treasurer,  and  high  constable,  and  to  direct  the  publication 
of  the  accounts  of  the  treasurer  annually,  and  the  mode  of  publica- 
tion. 

Section  3,  Clause  10,  Act  of  April  3,  1851,  P.  L.  320. 

X.  To  mitigate  or  remit  fines  and  forfeitures  in  all  cases  where  it 
shall  appear  that  the  person  or  persons  so  fined  did  not  offend  inten- 
tionally, or  on  having  some  other  just  and  reasonable  excuse  to  plead 
in  his,  her  or  their  behalf. 

Part  of  Section  9,  Act  of  April  1,  1834,  P.  L.  163. 

Section  7.  Every  ordinance  and  resolution  which  shall  be  passed 
by  said  council  shall  be  presented  to  the  chief  burgess  of  such  bor- 
ough; if  he  approve,  he  shall  sign  it,  but  if  he  shall  not  approve, 
he  shall  return  it  with  his  objections  to  said  council  at  the  next 
regular  meeting  thereof,  when  said  objections  shall  be  entered  at 
large  in  the  minute-book,  and  said  council  shall  proceed  to  a  recon- 
sideration of  such  ordinance  or  resolution.  If,  after  such  reconsid- 
eration, two-thirds  of  all  the  members  elected  to  said  council  shall 
vote  to  pass  such  ordinance  or  resolution,  it  shall  become  and  be 
of  as  full  force  and  effect  as  if  the  said  chief  burgess  had  signed  it, 
but  in  such  cases  the  votes  of  the  members  of  council  shall  be  deter- 
mined by  the  yeas  and  nays,  and  the  names  of  the  members  voting 
shall  be  entered  on  the  minutes  of  said  council:  Provided,  That 
when  the  number  of  councilmen  is  less  than  nine,  a  majority  of  coun- 
cil and  one  vote  more  shall  be  required  to  pass  an  ordinance  over  the 
veto.  If  such  ordinance  or  resolution  shall  not  be  returned  by  the 
chief  burgess  at  the  next  regular  meeting  of  said  council  after  the 

142 


same  shall  have  been  presented  to  him,  the  same  shall  likewise  be- 
come and  be  in  as  full  force  and  effect  as  if  he  had  signed  it:  Pro- 
vided, That  before  any  ordinance  shall  come  into  force  and  effect,  as 
aforesaid,  the  same  shall  be  recorded  in  the  borough  ordinance-book 
with  ihe  certificate  of  the  secretary,  and  be  advertised  as  heretofore 
required  by  law. 

Section  3,  Act  of  May  23,  1893,  P.  L.  113. 

Section  8.  Whenever  two  or  more  boroughs  are  consolidated  un- 
der the  provisions  of  Chapter  IT,  Article  II,  the  chief  burgess  shall 
have  the  power  to  veto  any  ordinance  or  resolution  passed  by  the 
council,  and  no  ordinance  or  resolution  enacted  by  the  council 
shall  become  effective  until  signed  by  the  burgess,  unless  the  same 
shall  be  passed  over  his  veto  by  the  affirmative  vote  of  two-thirds  of 
all  of  the  members  of  such  council.  The  chief  burgess  shall  either 
consent  or  disapprove  with  his  reasons  for  such  disapproval  of  every 
ordinance  or  resolution  passed  by  said  council  within  ten  days  there- 
after. And  the  vote  upon  passing  any  ordinance  or  resolution  over 
the  veto  of  the  chief  burgess  shall  be  taken  at  the  next  stated  session 
of  the  town  council  thereafter. 

Section  7,  Act  of  June  6,  1893,  P.  L.  335. 

Section  9.  Whenever  two  or  more  boroughs  are  consolidated  un- 
der the  provisions  of  Chapter  II,  Article  II,  the  town  council  of  the 
new  borough  at  their  first  session  after  the  consummation  of  the  con- 
solidation shall  designate  by  ballot  which  of  the  treasurers  of  the 
two  boroughs  shall  be  treasurer  of  the  new  borough,  which  of  the 
high  constables  shall  be  the  high  constable  of  the  new  borough,  and 
which  of  the  auditors  shall  be  the  auditors  of  the  new  borough.  They 
shall  also  select  some  suitable  person  to  be  clerk  of  the  council,  and 
thereafter,  annually,  the  qualified  electors  of  such  borough  shall  elect 
one  person  as  high  constable,  one  person  as  borough  treasurer  and 
three  persons  as  auditors,  and  the  town  council  shall  select  the 
clerk  of  the  council. 

Section  10,  Act  of  June  6,  1893,  P.  L.  335. 

Section  10.  The  councils  of  any  borough  within  this  Common- 
wealth, shall  have  power  to  compel  the  attendance  of  witnesses,  and 
the  production  of  books,  papers  and  other  evidence,  at  any  meeting 
of  the  body  or  any  committee  thereof,  and  for  that  purpose  may 
issue  subpoenas,  signed  by  the  president  of  council  or  the  chairman 
of  the  committee,  in  any  pending  case  of  inquiry,  investigation  or 
impeachment,  and  cause  the  same  to  be  served  and  executed  in  any 
part  of  this  Commonwealth ;  and  if  any  witness  shall  refuse  to  testify 
as  to  any  fact  within  his  knowledge,  or  to  produce  any  books  or 
papers  within  his  possession  or  under  his  control,  required  to  be 

10—0  143 


used  as  evidence  in  any  such  case,  the  clerk  of  council,  by  whose 
authority  such  witness  was  subpoenaed,  shall  forthwith  report  the 
facts  relating  to  such  refusal  to  one  of  the  courts  of  common  pleas 
of  the  county  within  which  such  borough  is  situated;  and  all  ques- 
tions arising  upon  such  refusal,  and  also  upon  any  new  evidence, 
not  included  in  said  clerk's  report  (which  new  evidence  may  be  of- 
fered in  behalf  of  or  against  such  witness),  shall  at  once  be  heard 
by  said  court.  Tf  the  court  determine  that  the  testimony  or  evi- 
dence required  by  such  witness  is  legal  and  properly  competent,  and 
ought  to  be  given  or  produced  by  him,  then  said  court  shall  make 
an  order  commanding  such  witness  to  testify  or  produce  books  or 
papers  (or  both,  as  the  case  may  be),  and  if  such  witness  shall 
thereafter  refuse  to  testify  or  to  produce  books  or  papers,  as  afore- 
said, in  disobedience  of  such  order  of  the  court,  then  the  said  court 
shall  have  power  to  order  the  commitment  of  such  witness  to  the 
county  jail  of  the  proper  county,  for  contempt. 

Section  1,  Act  of  March  19,  1903,  P.  L.  31. 

Section  11.  Any  person,  so  called  as  a  witness,  may  be  examined 
under  oath,  and  shall  be  liable  to  indictment,  conviction  and  punish- 
ment for  perjury,  in  the  same  manner  and  to  the  same  extent  as  if  the 
witness  had  been  called  and  examined  before  any  committee  of  the 
legislature  of  the  Commonwealth,  or  in  any  judicial  proceeding  be- 
fore any  of  the  courts  thereof,  in  accordance  with  existing  laws: 
Provided,  That  the  person  or  persons  outside  of  such  borough,  sub- 
poenaed as  aforesaid,  shall  not  be  required  to  respond  to  the  same 
until  they  have  been  furnished  with  mileage  to  and  from  said  bor- 
ough, at  the  rate  of  ten  cents  per  mile,  and  a  per  diem  allowance  of 
two  dollars  for  the  time  their  presence  is  desired  in  said  borough. 

Section  1,  Act  of  March  19,  1903,  P.  L.  31. 

Section  12.  In  any  borough  in  which  the  ordinance  book  has  been 
lost,  destroyed,  or  so  much  worn  or  mutilated  as  to  be  unserviceable, 
the  proper  borough  authorities  may  provide  by  an  ordinance  for  the 
making  and  keeping  a  new  ordinance  book,  into  which  there  shall 
be  transcribed  by  the  borough  secretary  or  clerk  all  of  the  then  valid 
and  existing  ordinances. 

Section  1,  Act  of  June  21,  1911,  P.  L.  1113. 

Section  13.  The  secretary  or  clerk,  in  transcribing  the  ordin- 
ances into  a  new  ordinance  book  as  within  provided,  shall  copy  each 
one  complete,  including  date  of  enactment  and  approval,  and  the 
names  of  the  officers  who  signed  same,  and,  after  notice  given  and 
corrections  made,  he  shall  certify  each  ordinance  as  a  true  and  cor- 
rect copy  of  the  original. 

Section  2,  Act  of  June  21,  1911,  P.  L.  1113. 

Hi 


Section  14.  The  ordinance  providing  for  the  transcribing  of  such 
ordinances  into  a  now  ordinance  book  shall  be  recorded  in  said  book, 
iin  mod  lately  following  the  ordinances  so  transcribed,  and  it  shall 
provide  that  the  borough  secretary  or  clerk,  upon  the  completion  of 
the  work  of  transcribing  said  ordinances,  shall  publish  once  a  week 
for  four  weeks  in  at  least  one  newspaper  of  general  circulation  pub- 
lishod  in  said  borough,  if  there  be  such,  and,  if  not,  then  one  pub- 
lishtMl  within  the  county  where  the  borough  is  located,  a  notice  stat- 
ing that  all  of  the  then  valid  and  existing  ordinances  of  the  bor- 
ough have  been  transcribed  into  a  new  ordinance  book;  that  the  old 
books  and  records  of  borough  ordinances  and  the  new  ordinance  book 
are  open  to  public  inspection,  verification,  and" correction  during  the 
thirty  (30)  days  from  the  date  of  said  notice;  and  at  the  end  of  said 
thirty  (30)  days'  notice,  the  borough  secretary  or  clerk  shall  make 
correction  of  any  and  all  errors  or  inaccuracies  therein  that  may  be 
(ailed  to  his  attention,  and  shall  then  certify  tha'ball  of  said  ordin- 
ances have  been  compared  with  the  original  ordinances  and  are  true 
and  correct  copies. 

Section  3,  Act  of  June  21,  1911,  P.  L.  1113. 

Section  15.  After  said  ordinances  are  transcribed,  notice  of  said 
transcribing  given,  and  certificates  of  correctness  made  by  the  bor- 
ough secretary  or  clerk,  as  within  provided,  the  ordinances  so  trans- 
cribed shall  take  the  place  of  the  original  record  and  shall  be  the 
valid  and  legal  ordinances  of  such  borough. 

Section  4,  Act  of  June  21,  1911,  P.  L.  1113. 


CHAPTER  VII. 


ARTICLE  II. 


CHIEF  BURGESS. 

Section  1.  The  chief  burgess  shall  not  hold  any  other  borough 
office  or  appointment  during  the  term  for  which  he  is  elected;  nor 
be  a  member  of,  nor  preside  at  the  meetings  of,  the  town  council  of 
said  borough,  nor  be  eligible  to  succeed  himself. 

Section  1,  Act  of  April  18,  1905,  P.  L.  215. 

Section  1,  Act  of  May  23,  1893,  P.  L.  113. 


145 


Section  2.  The  burgess,  before  entering  on  the  duties  of  his  of- 
fice, shall  take  and  subscribe  an  oath  or  affirmation  before  a  justice 
of  the  peace,  to  support  the  Constitution  of  the  United  States  and 
of  this  State,  and  to  perform  the  duties  of  his  office  with  fidelity, 
and  the  certificate  of  such  oath  or  affirmation  shall  be  filed  among 
the  records  of  said  boroughs. 

Drafted  from  Section  7,  Act  of  April  1,  1834,  P.  L.  163. 

Section  3.  The  duties  of  the  burgess  shall  be  discharged  by  the 
president  of  council  during  the  absence  or  incapacity  of  such  bur- 
gess. 

Section  1,  Act  of  June  10,  1901,  P.  L.  551. 

Section  4.  The  councils  of  the  several  boroughs  in  this  Common- 
wealth, tnay  and  are  hereby  empowered  to  fix,  by  appropriate  ordin- 
ance, the  salary  to  be  paid  annually  out  of  the  borough  treasury  to 
the  burgess  of  such  borough. 

Section  1,  Act  of  April  23,  1909,  P.  L.  154. 

Section  5.  Such  salary  shall  not  exceed,  per  annum,  one  hundred 
dollars  per  thousand  for  the  first  five  thousand  population,  or  frac- 
tion thereof;  and  fifty  dollars  per  annum  for  each  additional  one 
thousand  of  population,  or  majority  fraction  thereof;  and.  in  de- 
termining such  population,  the  council  may  take  the  last  United 
States  decennial  census,  or  five  times  the  number  of  voters  in  such 
borough,  as  shown  by  the  last  registration  thereof. 

Section  2,  Act  of  April  23,  1909,  P.  L.  154. 

Section  6.  Such  salary,  when  so  fixed  by  ordinance,  shall  not  be 
changed  during  the  term  of  the  incumbent;  and  shall  be  paid  out  of 
the  borough  treasury,  in  monthly  installments,  on  proper  warrant 
authorized  by  the  council;  and  shall  be  in  lieu  of  all  costs  and  fees 
allowed  a  burgess  by  existing  law ;  which  costs  and  fees  shall  be  taxed 
and  collected  by  such  burgess,  and  turned  into  the  borough  treasury 
monthly,  together  with  a  sworn  statement  of  the  same. 

Section  3,  Act  of  April  23,  1909,  P.  L.  154. 

* 

Section  7.  In  all  cases  where  the  chief  burgess  is  given  the  juris- 
diction of  a  justice  of  the  peace,  he  shall  charge  the  costs  and  fees  of 
a  justice  of  the  peace  for  like  services,  which  costs  and  fees  shall  be 
turned  into  the  borough  treasury  monthly,  together  with  a  sworn 
statement  of  the  same:  Provided,  That  in  boroughs  where  the  bur- 
gess does  not  receive  any  salary,  he  shall  be  entitled  to  retain  such 
fees. 

Drafted  from  Section  3,  Act  of  April  23,  1909,  P.  L.  154, 

Section  5,  Act  of  April  1,  1851,  P.  L.  320,  and  Section  1,  Act 

of  May  19,  1887,  P.  L.  133. 

146 


Section  8.     The  chief  burgess  shall  Imve  power: 

I.  To    enforce    the    by-laws,    ordinances,    rules    and    regulations 
of  the  corporation. 

II.  To  exercise  jurisdiction  in  all  disputes  between  the  corpora- 
lion  and  individuals,  arising  under  the  same. 

III.  To  exercise   the  powers,  jurisdiction   and  authority  of  jus- 
tices of  the  peace,  within  the  borough,  for  the  suppression  of  riots, 
iu inu  11s.  disorderly  meetings,  and  in  all  criminal  cases  for  the  pun- 
ish men  t  of  vagi-mils  and  disorderly  persons. 

Section  5,  Act  of  April  3,  1851,  P.  L.  320. 
See  Commonwealth  v.  Thompson,  110  Pa.  297. 

IV.  To  administer  all  oaths  and  affirmations  in  matters  pertain- 
ing to  borough  affairs. 

Section  1,  Act  of  April  23,  1903,  P.  L.  291. 

V.  To  exercise  the  criminal  powers,  jurisdiction  and  authority 
of  a  justice  of  the  peace,  in  the  enforcement  of  all  ordinances  of  the 
borough,  and  the  collection  of  fines  and  penalties  Imposed  under 
the  same. 

Section  1,  Act  of  May  19,  1887,  P.  L.  133. 

Section  9.     It  shall, be  the  duty  of  the  chief  burgess: 

I.  To  preserve  order  and  maintain  the  peace  of  the  borough,  to 
enforce  the  ordinances  and  regulations,  to  hear  complaints,  to  re- 
move nuisances  and  exact  a  faithful  performance  of  the  duties  of 
the  officers  appointed. 

II.  To  demand  and  receive  sufficient  security,  in  the  amount  fixed 
by  the  corporation,  from  the  treasurer,  and  high  constable. 

III.  To  sign  the  several  by-laws,  rules,   regulations  and  ordin- 
ances adopted,  after  they  shall  have  been  duly  and  correctly  trans- 
cribed by  the  secretary. 

Section  6,  Act  of  April  3,  1851,  P.  L.  320. 

IV.  To  keep  correct  account  of  all  fees,  fines  and  costs  received 
by  him,  and  shall  render  a  report  to  the  councils  at  each  regular 
meeting,  sell  ing  forlh  an  itemized  statement  of     all  fees,  fines  and 
costs  received  by  him  by  virtue  of  his  office  since  the  last  regular 
meeting  of  said  councils,  with  the  date  at  which  and  the  name  of 
the  person  from  whom  the  same  was  received,  and  shall  prior  to  or 
on  the  date  aforesaid,  pay  all  such  moneys  into  the  borough  treas- 
ury. 

Section  1,  Act  of  June  24,  1895,  P.  L.  255. 


147 


V.  To  carry  into  effect  all  by-laws  and  ordinances  enacted  by  the 
town  council.  He  is  also  required  to  cause  to  be  opened  all  roads, 
streets,  lanes  or  alleys  lying  partly  within  the  borough,  that  may 
be  laid  out  by  order  of  the  court  of  quarter  sessions. 

Section  9,  Act  of  April  1,  1834,  P.  L.  163. 

Section  10.  Any  burgess,  who  shall  neglect  or  refuse  to  open  any 
road,  street,  lane  or  alley,  as  provided  in  the  preceding  section  shall 
be  liable  to  a  fine  of  not  less  than  four  dollars  nor  more  than  fifty 
dollars,  such  fine  shall  be  recovered  in  a  suntmary  proceedings  be- 
fore any  justice  of  the  peace  of  the  county  where  the  borough  in 
which  the  burgess  is  elected,  is  situated. 

Drafted  from  Section  12,  Act  of  April  6,  1802,  P.  L.  178, 
extended  by  Section  9,  Act  of  1834,  P.  L.  163. 

Section  11.  Whenever  two  or  more  boroughs  are  consolidated  un- 
der the  provisions  of  Chapter  II,  Article  II,  of  this  act,  the  chief 
burgess  of  such  borough  shall  not  be  a  member  of  the  Council  or 
entitled  to  a  seat  therein. 

Part  of  Section  7,  Act  of  June  6,  1893,  P.  L.  335. 

Section  12.  That  any  person  Who  shall  hold  the  office  of  burgess 
is  hereby  declared  to  be  incapable  of  holding  or  exercising,  at  the 
same  time,  any  office,  or  appointment  of  profit  or  trust,  under  the 
government  of  the  United  States,  whether  a  Commissioned  officer  or 
otherwise,  a  subordinate  officer  or  agent,  who  is  or  shall  be  em- 
ployed under  the  legislative,  executive  or  judiciary  departments  of 
the  United  States,  nor  be  a  member  of  Congress. 

Drafted  from  Section  1,  Act  of  May  15,  1874,  P.  L.  186. 

Section  13.  The  holding  of  the  office  of  burgess  is  hereby  declared 
to  be  incompatible  with  any  office  or  appointment  under  the  United 
States,  and  every  office  of  burgess  so  holden,  contrary  to  the  true 
intent  and  meaning  of  this  act  shall  be  and  is  hereby  declared  to  be 
null  and  void. 

Drafted  from  Section  2,  Act  of  May  15,  1874,  P.  L.  186. 

Section  14.  If  any  person  shall  exercise  the  office  of  burgess  con- 
trary to  sections  p.2  and  13  of  this  article,  every  person  so  offending 
shall  for  every  such  offence,  being  thereof  legally  convicted  in  any 
court  of  record,  forfeit  and  pay  any  sum  not  less  than  fifty  nor  more 
than  five  hundred  dollars,  at  the  discretion  of  the  court,  one  moiety 
of  the  said  forfeiture. to  be  paid  to  the  overseers,  guardians  or  direct- 
ors of  the  poor  of  the  borough  or  county  where  such  offence  shall 
have  been  committed,  to  be  applied  to  the  support  of  the  poor,  and 
the  other  moiety  thereof  to  the  prosecutor  who  shall  sue  for  the  same. 
Drafted  from  Section  3,  Act  of  May  15,  1874,  P.  L.  186. 

148 


CHAPTER  VII. 


ARTICLE  III. 


HIGH  CONSTABLE. 

Section  1.  The  high  constable,  before  entering  on  the  duties  of 
his  respective  office  shall  take;  and  subscribe  an  oath  or  affirmation 
before  a  justice  of  the  peace,  to  support  the  constitution  of  the 
T 'nit e<l  States  and  of  this  State,  and  to  perform  the  duties  of  his  of- 
fice with  fidelity,  and  the  certificate  of  such  oaths  or  affirmations 
shall  be  filed  among  the  records  of  said  borough. 

Drafted  from  Section  7,  Act  of  April  1,  1834,  P.  L.  163. 

Section  2.  The  high  constable  shall  give  bond  with  surety  as  re- 
quired by  the  corporation;  he  shall  have  the  power  and  authority 
of  constables  of  the  several  townships  in  the  proper  county ;  he  shall 
serve  the  notices  prescribed  by  this  act,  and  attest  the  services  of  the 
same  by  affidavit  in  writing,  signed  by  him,  and  deposited  with  the 
secretary  of  the  corporation. 

Section  13,  Act  of  April  3,  1851,  P.  L.  320.* 

Section  3.  It  shall  be  the  duty  of  the  high  constable  of  all  bor- 
oughs to  give  notice  of  the  biennial  elections  of  said  borough  by  set- 
ting up  six  advertisements  in  the  most  public  places  in  said  borough, 
ten  days  previous  thereto. 

Section  14,  Act  of  April  1,  1834,  P.  L.  163. 

Section  4.  It  shall  not  be  lawful  for  any  high  constable  who  is  at 
the  same  time  em-ployed  as  a  policeman  in  any  borough  to  charge  or 
accept  any  fee  or  other  compensation,  in  addition  to  the  salary  paid 
to  him  as  a  policeman,  for  any  service  rendered  or  performed  by  him 
pertaining  to  his  office  or  duties,  either  as  a  policeman  or  as  such  high 
constable,  except  public  rewards  and  the  legal  mileage  allowed  to 
constables  for  traveling  expenses. 

Section  2,  Act  of  July  14,  1897,  P.  L.  266. 

Section  5.  Any  high  constable  employed  as  a  policeman  violat- 
ing any  of  the  provisions  of  the  preceding  section  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall"  be  sentenced  to  pay  a  fine  not  exceeding  fifty  dollars  and 
costs,  or  undergo  imprisonment  in  the  jail  of  the  proper  county  not 
exceeding  thirty  days,  or  both,  at  the  discretion  of  the  Court. 

Section  3,  Act  of  July  14,  1897,  P.  L.  266. 


149 


CHAPTER  VII. 
ARTICLE  IV. 


AUDITORS. 

Section  1.  The  auditors  whose  duty  it  shall  be  to  audit  the  ac- 
counts of  the  officers  of  any  borough,  shall  meet  annually,  on  the  day 
following  the  day  which  has  been  or  shall  be  fixed  by  law  for  the 
organization  of  borough  councils,  and  shall  forthwith  proceed  to 
audit,  settle,  and  adjust  the  accounts  of  the  burgess,  members  of 
the  council,  treasurer,  street  commissioner,  and  other  officers,  either 
appointed  or  elected,  of  the  borough;  and  of  the  tax  collectors  of 
each  of  said  boroughs;  and  any  such  officer  whose  act  or  neglect 
shall  have  contributed  to  the  financial  loss  of  any  borough  shall  be 
surcharged  with  the  amount  of  such  loss. 

Section  2,  Act  of  May  20,  1913,  P.  L.  254,  amending  sec- 
tion 1,  Act  of  June  9,  1911,  P.  L.  865. 

Section  2.  The  auditors  shall  cancel  all  orders  and  vouchers 
presented  to  them,  which  they  shall  find  to  have  been  paid,  by  writ- 
ing the  word  "paid"  on  the  face  thereof. 

Section  5,  Act  of  May  3,  1909,  P.  L.  392. 

Section  3.  The  said  auditors  shall  complete  such  audit,  settle- 
ment, and  adjustment  within  as  short  a  time  as  possible  after  the 
several  times  when  they  are  required  to  meet  in  each  year;  and 
within  ten  days  thereafter  publish,  by  posting  printed  handbills  in 
at  least  five  public  places  in  their  respective  boroughs,  an  itemized 
report  or  statement  of  the  receipts  and  expenditures  of  the  said 
several  officers  for  the  preceding  fiscal  year;  and  also,  within  said 
period  of  ten  days,  file  a  copy  of  the  same  with  the  town  clerk  in 
their  respective  districts,  and  also  with  the  clerk  of  the  court  of 
quarter  sessions  of  the  proper  county,  which  shall  be  at  all  times  sub- 
ject to  inspection  by  any  citizen  thereof:  Provided,  That  when  any 
two  of  said  offices  shall  be  exercised  by  the  same  person,  only  one 
statement  shall  be  required. 

Section  2,  Act  of  May  3,  1909,  P.  L.  392,  and  Section  3, 

Act  of  May  20,  1913,  P.  L.  254,  amending  act  of  June  9,  1911, 

P.  L.  865. 

Section  4.  It  shall  be  lawful  for  the  borough,  or  any  taxpayer 
thereof  on  its  behalf,  or  an  officer  or  officers  whose  account  shall  be 
settled  or  audited,  to  appeal  from  the  settlement  or  audit  by  the 


150 


auditors  to  the  court  of  common  pleas  of  the  proper  county,  within 
thirty  days  after  such  report  or  settlement  shall  have  been  filed  jn 
I  IK-  office  of  the  clerk  of  the  court  of  quarter  sessions;  whereupon 
Ihc  court  may  direct  an  issue  to  determine  the  disputed  questions 
of  fact  between  the  officers  accounting  and  the  borough:  Provided, 
That  no  appeal  by  such  taxpayer  or  officer  shall  be  received  unless 
the  applicant  shall  enter  into  recognizance,  with  one  or  more  suf- 
ficient sureties,  sufficient  to  prosecute  the  appeal  with  effect,  and  to 
pay  all  costs  accruing  thereupon,  in  case,  if  the  appellant  be  a  tax- 
payer, he  shall  fail  to  obtain  a  final  decision  more  favorable  to  the 
borough,  than  that  awarded  by  the  auditors;  or,  in  case  the  appel- 
lant be  an  accounting  officer,  or  officers,  he  or  they  shall  fail  to  ob- 
tain a  final  decision  more  fa  voidable  to  the  officer  or  officers  than  that 
awarded  by  the  auditors. 

Section  4,  Act  of  May  20,  1913,  P.  L.  254,  amending  Section 
3,  Act  of  June  9,  1911,  P.  L.  865. 

Section  5.  When  in  any  borough,  within  this  Commonwealth, 
an  appeal  has  been  taken  from  the  report  of  the  auditors  thereof, 
either  by  the  borough,  or  by  any  person  or  persons  engaged  in  such 
report  with  any  sum  of  money,  any  taxpayer  of  said  borough,  may 
intervene  in  said  appeal,  and  either  prosecute  the  same,  on  its  behalf, 
or  defend  it  against  the  appeal  of  the  person  or  persons  charged,  as 
aforesaid:  Provided,  That  such  taxpayer,  at  the  time  of  interven- 
tion, shall  file  in  the  proper  court  of  common  pleas  a  bond,  with  one 
01-  more  sufficient  sureties,  conditioned  to  indemnify  the  borough, 
against  all  costs  which  may  accrue,  by  reason  of  such  intervention, 
subsequently  thereto. 

Section  2,  Act  of  May  31,  1913,  P.  L.  394. 

Section  6.  In  case  of  any  appeal  from  any  report  of  auditors 
of  any  borough,  any  person  interested,  by  intervention  or  otherwise, 
may  order  the  appeal  upon  the  argument  list  of  the  court  of  com- 
mon pleas  of  the  proper  county,  and  testimony  and  other  evidence 
may  be  taken  on  behalf  of  any  person  interested,  before  any  person 
authorized  to  administer  an  oath,  upon  rule  for  that  purpose  served 
upon  the  opposite  party.  After  hearing  argument,  the  court  shall 
file  its  findings  of  fact  and  law,  and  enter  judgment  in  accordance 
therewith ;  collection  of  the  same  to  be  enforced  by  the  party  pre- 
vailing, by  any  appropriate  proceeding,  executionary  or  otherwise: 
Provided,  That,  if  the  court  after  argument  shall  deem  any  question 
or  questions  of  fact  so  doubtful,  under  the  evidence  submitted,  as  to 
render  it  desirable  that  an  issue  should  be  directed  as  to  such  ques- 
tion or  questions  of  fact,  the  court  may  direct  such  an  issue. 

Section  3,  Act  of  May  31,  1913,  P.  L.  394. 


151 


Section  7.  It  shall  be  laAvful  for  any  party  to  except  to  any  ruling 
or  decision  of  the  court  upon  any  question  or  point  of  law  that  may 
arise,  and  appeal  may  be  taben  therefrom  to  the  superior  or  supreme 
court;  Provided,  That  such  exceptions  and  appeals  shall  be  gov- 
erned and  regulated  by  the  law  now  in  force  regulating  exceptions 
and  appeals  to  the  supreme  and  superior  courts  in  civil  actions. 

Section  4,  Act  of  June  9,  1911,  P.  L.  865. 

Section  8.  When  the  auditors  of  any  borough,  shall  have  charged 
any  person  with  any  sum  of  money  in  their  report  of  audit,  any 
taxpayer  of  said  borough,  may  proceed  to  enforce  collection  thereof, 
for  the  benefit  of  said  borough,  from  such  person  or  his  sureties,  by 
action  or  executionary  process,  or  both,  upon  filing  in  the  proper 
court  of  common  pleas  a  bond,  with  one  or  more  sufficient  sureties, 
conditioned  to  indemnify  said  borough  from  all  costs  which  may  ac- 
crue in  the  proceeding  undertaken  by  such  taxpayer. 

Section  1,  Act  of  May  31,  1913,  P.  L.  394. 

Section  9.  It  shall  be  lawful  for  any  board  of  borough  auditors, 
in  case  of  a  disagreement  with  any  official  or  board  of  officials  whose 
accounts  they  are  required  to  audit,  to  employ  an  attorney.  Such 
attorney  shall  not  be  employed  until  reasonable  effort  to  reach  an 
agreement  has  been  made,  and  only  after  notice  of  their  intention 
shall  be  given  to  the  said  official  or  board  of  officials.  The.  compensa- 
tion for  such  attorney  shall  be  fixed  by  the  board  of  auditors;  but 
it  shall  in  no  case  exceed  the  sum  of  ten  dollars  per  day,  nor  shall 
the  total  compensation  in  any  case  in  dispute  be  more  than  thirty 
dollars:  Provided,  That  whenever  an  appeal  is  taken  to  the  courts 
for  decision,  the  court  shall  fix  the  additional  compensation  for 
said  attorney. 

Section  1,  Act  of  April  27,  1909,  P.  L.  261. 

Section  1.0.  The  compensation  for  said  attorney,  as  provided  in 
the  preceding  section,  shall  be  paid  out  of  the  fund  whose  settle- 
ment is  in  dispute,  by  a  warrant  drawn  by  said  auditors  upon  the 
treasurer  of  such  fund,  immediately  upon  the  final  settlement  of 
the  account. 

Section  2,  Act  of  April  27,  1909,  P.  L.  261. 

Section  11.  Each  auditor  shall  receive  two  dollars  per  diem  for 
each  day  necessarily  employed  in  the  duties  of  his  office,  to  be  paid 
by  the  borough. 

Part  of  Section  1,  Act  of  May  3,  1909,  P.  L.  392. 


152 


Section  12.  In  case  of  any  neglect  or  refusal  to  comply  with  the 
provisions  of  the  preceding  sections,  the  auditors  so  neglecting  or 
refusing  shall  pay  a  penalty  of  one  hundred  dollars;  to  be  recovered 
in  the  same  manner  as  debts  of  like  amount  are,  by  the  law,  recover- 
able, by  suit  instituted  in  the  name  of  the  borough,  upon  the  com- 
plaint of  any  taxpayer  of  the  same;  and  the  proceeds  thereof  to  be 
paid  into  the  treasury  of  the  borough. 

Section  6,  Act  of  May  3,  1909,  P.  L.  392. 


CHAPTER  VII. 


ARTICLE  V. 


CONTROLLER. 

Section  1.  The  qualified  electors  of  every  borough  in  this  Com- 
monwealth shall,  at  the  municipal  election  held  in  November,  one 
thousand  nine  hundred  and  seventeen,  and  every  four  years  there- 
after, elect  a  borough  controller,  who  shall  be  a  competent  account- 
ant, and  shall  have  been  a  resident  of  the  borough  and  elector  thereof 
for  at  least  four  years  prior  to  his  election,  who  shall  hold  his 
office  for  the  term  and  period  of  four  years  from  the  first  day  of 
January  succeeding  his  election,  and  until  his  successor  is  duly 
qualified.  He  shall  superintend  the  fiscal  concerns  of  the  borough, 
and  shall  manage  the  same  in  the  manner  required  by  the  laws  of 
tliis  Commonwealth,  and  the  ordinances  and  resolutions  of  the  bor- 
ough councils  in  accordance  therewith.  He  shall  examine,  audit, 
and  settle  all  accounts,  whatsoever,  in  which  the  borough  is  con- 
cerned either  as  debtor  or  creditor,  where  provision  for  the  settle- 
ment thereof  is  made  by  law;  and  where  no  such  provision,  or  an  in- 
sufficient provision,  has  been  made,  he  shall  examine  such  accounts" 
and  report  to  the  borough  councils  the  facts  relating  thereto,  with 
his  opinion  thereon.  He  shall  have  authority  to  administer  oaths  or 
.affirmations  in  relation  to  any  matter  touching  the  authentication 
of  every  account  with,  or  claim  or  demand  against,  the  borough,  but 
shall  not  be  entitled  to  receive  any  fee  therefor. 

Section  1,  Act  of  June  12,  1913,  P.  L.  499. 

Section  2.  The  borough  controller  shall  keep  a  regular  set  of 
books,  in  which  shall  be  opened  and  kept  as  many  accounts,  under  ap- 
propriate titles,  as  may  be  necessary  to  show  separately  and  dis- 

153 


tinctly  all  the  estates  and  property,  whatsoever,  real  and  personal, 
vested  in  the  borough;  all  trusts  in  the  care  of  the  same,  all  debts 
due  to  and  owing  by  the  borough,  all  the  receipts  and  expenditures 
of  the  various  departments  of  the  borough  government,  and  all  ap- 
propriations made  by  council,  and  the  sums  under  the  same,  respec- 
tively. 

Section  2,  Act  of  June  12,  1913,  P.  L.  499. 

Section  3.  He  shall  have  the  supervision  and  control  of  the  ac- 
counts of  all  departments,  bureaus,  and  officers  of  the  borough 
who  shall  collect,  receive  or  disburse  the  public  moneys,  or  who  are 
charged  with  the  management  or  custody  thereof;  shall  audit  their 
respective  accounts,  and  may  at  any  time  require  from  any  or  all  of 
them  a  statement  in  writing  of  any  and  all  moneys  or  property  of 
the  borough  in  their  hands,  or  under  their  control;  and  he  shall, 
immediately  upon  the  discovery  of  any  default,  irregularity,  or  de- 
linquency, report  the  same  to  the  borough  council.  He  shall,  like- 
wise, audit  and  report  upon  the  accounts  of  any  such  officer  upon  the 
death,  resignation,  removal  or  expiration  of  the  term,  of  the  said 
officer. 

Section  3,  Act, of  June  12,  1913,  P.  L.  499. 

Section  4.  He  shall  countersign  all  warrants  upon  the  borough 
treasurer,  the  form  whereof  shall  be  prescribed  by  council,  and  shall 
not  suffer  any  appropriation  made  by  the  borough  council  to  be 
overdrawn,  but  no  warrant  shall  be  countersigned  unless  there  is 
money  in  the  treasury  to  pay  the  same.  In  every  case  in  which  an 
appropriation  shall  be  exhausted,  and  the  object  of  which  is  not  com- 
pleted, he  shall  immediately  report  the  fact  to  the  borough  council, 
and  accompany  such  report  with  a  statement  of  the  moneys  which 
have  been  drawn  on  such  appropriation  and  the  particular  purpose 
for  which  they  are  drawn.  Whenever  a  warrant  on  the  treasurer 
shall  be  presented  to  him  to  be  countersigned  the  person  present- 
ing the  same  shall,  if  the  controller  require,  produce  evidence:— 

1.  That  the  amount  expressed  in  the  warrant  is  due  to  the  person 
in  whose  favor  it  is  drawn. 

2.  That  the  supplies  or  the  service,  for  payment  of  which  the 
warrant  is  drawn,  have  been  furnished  or  performed  according  to 
law  and  the  terms  of  the  contract. 

Section  4,  Act  of  June  12,  1913,  P.  L.  499. 

Section  5.  Every  contract  involving  an  appropriation  of  money 
shall  designate  the  item  of  appropriation  on  which  it  is  founded, 
and  the  estimated  amount  of  the  expenditure  thereunder  shall  be 
charged  against  such  item,  and  so  certified  by  the  controller  on 
the  contract  before  it  shall  take  effect  as  a  contract,  and  the  payments 

154 


inquired  by  such  contract  shall  be  made  from  the  fund  appropriated 
therefor.  If  the  controller  shall  certify  any  contract  in  excess  of  the 
appropriation  made  therefor,  the  borough  shall  not  be  liable  for 'such 
ex<-ess.  but  the  control  lei-  and  his  sureties  shall  be  liable  for  the  same, 
which  may  be  recovered  in  an  action  at  law  by  the  contracting  party 
aggrieved.  [(  shall  be  the  duty  of  the  controller  to  certify  contracts 
for  the  payment  of  which  sufficient  appropriations  have  been  made. 

Section  5,  Act  of  June  12,  1913,  P.  L.  499. 

Section  6.  The  borough  controller  shall,  from  time  to  time,  and 
as  often  as  he  may  deem  expedient  or  the  borough  council  shall  di- 
rect, surest  plans  to  the  council  for  the  management  and  improve- 
ment of  the  borough  finances;  and  he  shall  make  a  report,  verified  by 
oath  or  affirmation,  to  the  borough  council  at  the  first  stated  meet- 
ing in  January  in  each  year,  of  the  public  accounts  of  the  borough 
and  of  the  trusts  in  its  care,  exhibiting  all  the  expenditures  thereof, 
respectively, — the  sources  from  which  the  revenue  and  funds  are 
derived,  and  in  what  manner  the  same  have  been  disbursed;  each 
account  to  be  accompanied  by  a  statement,  in  detail,  of  the  several 
appropriations  made  by  council,  the  amount  drawn  on  each  appro- 
pi  iation,  and  the  balance  standing  to  the  debit  or  credit  of  such  ap- 
propriation,— which,  report  shall  be  published,  at  the  expense  of  the 
borough,  once  a  week  for  iwo  weeks,  in  a  newspaper  of  general  circu- 
lation throughout  the  said  borough. 

Section  6,  Act  of  June  12,  1913,  P.  L.  499. 

Section  7.  In  the  event  of  the  death,  resignation,  or  removal  from 
office  of  the  borough  controller,  the  court  of  quarter  sessions  of  the 
proper  county  shall  fill  the  said  vacancy  by  the  appointment  of  a 
person  possessing  the  qualifications  for  said  office  as  herein  pro- 
vided, and  the  person  so  appointed  to  fill  the  same  shall  serve  until 
the  first  day  of  January  succeeding  the  municipal  election  occurring 
at  least  two  months  after  the  happening  of  such  vacancy,  at  which 
election  a  successor  shall  be  elected  for  the  unexpired  term.  The 
borough  controller  shall,  before  entering  upon  the  duties  of  his  of- 
fice, take,  and  subscribe  the  oath  prescribed  by  section  one  of  ar- 
ticle seven  of  the  Constitution  of  this  Commonwealth,  and  shall 
give  a  lawful  bond  to  the  borough,  with  two  or  more  sureties  or 
with  a  surety  company,  to  be  approved  by  the  council,  in  such  sum 
;:s  they  may  by  ordinance  direct,  conditioned  for  the  faithful  dis- 
charge of  his  official  duties.  The  cost  of  such  bond  shall  be  paid 
by  the  borough,  as  other  bills  are  paid;  and  the  controller  shall 
receive  a  fixed  annual  salary,  to  be  provided  by  ordinance  of  the 
council,  not  to  exceed  the  sum  of  ten  hundred  dollars  per  annum. 

Section  7,  Act  of  June  12,  1913,  P.  L.  499. 


155 


Section  8.  The  foregoing  provisions  relating  to  tl^e  controller  shall 
not  become  operative  or  effective  in  any  boroughs  until  the  council 
of  any  borough  shall,  by  ordinance  duly  passed,  accept  the  provi- 
sions hereof. 

Section  8,  Act  of  June  12,  1913,  P.  L.  499. 

Section  9.  In  all  boroughs  accepting  the  provisions  hereof,  as 
provided  in  the  preceding  section,  the  borough  auditors  now  in  office 
shall  continue  to  hold  their  offices  until  the  first  day  of  January 
succeeding  the  election  of  a  borough  controller,  after  which  date  the 
said  office  shall  be,  and  is  hereby,  abolished. 

Section  9,  Act  of  June  12,  1913,  P.  L.  499. 


CHAPTER  VII. 


ARTICLE  VI. 


OFFICERS. 


APPOINTED  OFFICERS. 
(a)  GENERAL  PROVISIONS. 

Section  1.  The  corporate  officers  shall  receive  no  compensation 
for  their  services  in  that  capacity,  excepting  such  as  may  be  spec- 
ially authorized  by  law. 

Section  4,  Act  of  April  3,  1851,  P.  L.  320. 

Section  2.  If  any  person  appointed  by  the  town  council  of  any 
borough  hereafter  incorporated,  shall  neglect  or  refuse  to  take  upon 
himself  the  duties  of  the  office  to  which  he  shall  be  so  appointed,  he 
shall,  for  the  same,  forfeit  and  pay,  for  the  use  of  the  proper 
borough,  the  sum  of  ten  dollars,  to  be  recovered  as  other  fines  and 
forfeitures  are  by  this  act  recoverable. 

Section  16,  Act  of  April  1,  1834,  P.  L.  163. 

Section  3.  The  secretary,  treasurer  and  street  commissioner,  as 
well  as  all  other  officers  who  may  be  appointed  by  the  town  council 
of  every  borough  hereafter  incorporated,  shall,  at  such  time  and  times 
as  the  town  council  may  direct,  render  their  accounts  respectively 
to  the  said  town  council  for  settlement. 

Section  12,  Act  of  April  1,  1834,  P.  L.  163. 


156 


Section  4.  When  an  employe  of  any  borough  of  this  Common- 
wealth shall  be  required  to  give  a  bond  for  the  faithful  perform- 
ance of  his  duties,  and  such  bond  shall  be  required  to  be  endorsed 
by  a  surely  company,  it  shall  be  lawful  for  such  borough,  to  pay 
the  premium  on  such  bond. 

Section  1,  Act  of  May  23,  1907,  P.  L.  225. 

(b)  TREASURER. 

Section  5.  The  treasurer  shall  give  bond  with  surety  as  required 
by  the  corporation,  before  entering  upon  his  duties;  he  shall  keep  a 
just  account  of  all  his  receipts  and  disbursements,  and  shall  an- 
nually  submit  his  account  to  the  borough  auditors,  to  be  audited  and 
examined  by  them,  and  shall  publish  the  same  in  the  manner  directed 
by  the  corporation,  and  shall  pay  over  all  moneys  remaining  in  his 
hands,  and  deliver  all  books,  papers,  accounts  and  other  things  be- 
longing to  the  corporation,  to  his  successor. 

Section  10,  Act  of  April  3,  1851,  P.  L.  320. 

Section  6.  The  treasurer  of  the  corporation  shall  perform  the  du- 
ties of  township  treasurer  within  the  borough,  and  shall  receive  such 
compensation  as  the  corporation  shall  direct. 

Section  11,  Act  of  April  3,  1851,  P.  L.  320. 

(c)  SECRETARY. 

Section  7.  The  secretary  shall  attend  all  the  meetings  of  the 
corporation,  keep  full  minutes  of  their  proceedings,  transcribe  the 
by-laws,  rules,  regulations  and  ordinances  adopted,  into  a  book  kept 
for  that  purpose;  and  when  signed  by  the  presiding  officer,  shall  at- 
test the  same,  preserve  the  records  and  documents  of  the  corpora- 
tion, keep  the  seal  of  the  corporation,  certify  copies  of  any  book, 
paper,  record,  by-law,  rule,  regulation,  ordinance  or  proceeding  of 
the  corporation  under  the  seal  thereof,  which  copies  so  certified  shall 
be  good  evidence  of  the  act  or  thing  certified,  and  shall  attest  the 
execution  of  all  instruments  under  the  same,  record  the  publica- 
tion of  all  enactments,  and  attest  the  same  by  his  signature  thereto, 
and  shall  file  or  record  the  proof  of  service  of  all  notices  as  required 
by  this  act  or  of  supplements  hereto,  his  certificate  whereof  shall 
be  good  evidence  of  such  notice;  he  shall  deliver  over  to  his  suc- 
cessor, the  seal,  and  all  the  books,  papers  and  other  things  belong- 
ing to  the  corporation. 

Section  8,  Act  of  April  3,  1851,  P.  L.  320. 

(d)     STREET  COMMISSIONER. 

Section  8.  Whenever  two  or  more  boroughs  are  consolidated  un- 
der the  provisions  of  Chapter  II,  Article  II,  of  this  act,  the  street 
commissioners  of  each  of  the  said  boroughs  shall  continue  in  office 


157 


as  officers  of  the  new  borough  until  the  expiration  of  their  respective 
terms  of  office.  When  the  terms  of  office  of  the  street  commissioners 
shall  have  expired,  or  are  about  to  expire,  the  town  council  shall  se- 
lect some  suitable  person  to  be  street  commissioner  of  such  borough, 
who  shall  hold  his  office  until  the  first  Monday  of  January  following, 
and  biennially  thereafter  on  the  first  Monday  of  January  or  within 
thirty  days  thereafter,  the  town  council  shall  select  one  person  as 
street  commissioner  of  said  borough. 

Part  of  Section  1,  Act  of  May  25,  1897,  P.  L.  88,  amending 
Section  9,  Act  of  June  6,  1893,  P.  L.  335. 

(e)     SOLICITOR. 

Section  9.  That  the  town  council  of  each  and  every  borough  within 
this  Commonwealth,  at  the  time  of  its  biennial  organization  on  the 
first  Monday  of  January  in  any  even-numbered  year,  or  as  soon 
thereafter  as  practicable,  may  elect,  by  the  vote  of  a  majority  of  the 
members,  one  person,  learned  in  the  law,  who  shall  be  styled  the  bor- 
ough solicitor,  and  shall  serve  for  the  term  of  four  years  from  the 
first  Monday  of  January  of  the  even-numbered  year  in  or  succeeding 
which  he  was  elected,  and  until  his  successor  shall  be  duly  qualified, 
and  the  said  town  council  shall  also  fix  the  compensation  he  shall  be 
allowed  for  said  term. 

Part  of  Section  1,  Act  of  June  5,  1913,  P.  L.  409,  amending 
Section  1,  Act  of  April  25,  1907,  P.  L.  103. 

'Section  10.  Vacancies  in  said  office  shall  be  filled  by  the  town 
council,  for  the  unexpired  term.  He  shall  give  a  lawful  bond  to  the 
corporation,  with  two  or  more  sufficient  sureties,  or  one  trust  or 
bonding  company,  to  be  approved  by  the  town  council,  in  such  sum  as 
they  shall  by  ordinance  direct,  conditioned  for  the  faithful  perform- 
ance of  his  official  duties  as  the  same  are  or  may  be  defined  by 
law  or  ordinance. 

All  borough  solicitors  holding  office  at  the  date  of  the  approval 
of  this  act,  whose  terms  of  office  expire  at  any  time  between  the 
first  Monday  of  January,  nineteen  hundred  and  fourteen,  and  the 
first  Monday  of  January,  nineteen  hundred  and  sixteen,  shall  con- 
tinue to  hold  their  offices  until  the  first  Monday  of  January,  nine- 
teen hundred  and  sixteen. 

Part  of  Section  1,  Act  of  June  5,  1913,  P.  L.  409,  amending 
Section  1,  Act  of  April  25,  1907,  P.  L.  103. 

Section  11.  The  law  matters  of  the  borough  shall  be  under  the 
superintendence,  direction,  and  control  of  the  borough  solicitor,  and 
no  department  of  the  borough  shall  employ  or  retain  an  additional 
counsel,  in  any  matter  or  cause,  except  with  the  previous  assent  or 

* 
158 


subsequent  ratification  of  the  town  council.  He  shall  keep  in  his 
office  deposited  and  preserved,  all  patents,  deeds,  leases,  mortgages 
and  olhcr  assurances  of  title,  and  all  contracts,  bonds,  books  and 
other  evidences  of  debt,  belonging  to  the  borough,  unless  the  town 
council  shall 'otherwise  provide  or  direct. 

Section  2,  Act  of  April  25,  1907,  P.  L.  103. 

Section  12.  The  borough  solicitor  shall  prepare  all  bonds,  obliga- 
tions, contracts,  leases,  conveyances,  and  assurances  to  which  the 
borough  or  any  department  thereof  may  be  a  party,  as  may  be  di- 
rected by  resolution  or  ordinance;  shall  commence  and  prosecute  all 
and  every  suit  or  suits,  action  or  actions,  brought  by  the  corpora- 
tions, for  or  on  account  of  any  of  the  estates,  rights,  trusts,  privileges, 
claims,  or  demands  of  the  same;  as  well  as  defend  all  actions  or  suits 
against  the  said  corporation  or  any  officer  thereof,  wherein  or  whereby 
any  of  the  estates,  rights,  privileges,  trusts,  or  ordinances  or  acts  of 
the  corporation,  or  any  department  thereof,  may  be  brought  in  ques- 
tion before  any  court  in  this  Commonwealth;  and  shall  do  all  and 
every  professional  act,  incident  to  the  office,  which  he  may  be  law- 
fully authorized  or  required  to  do  by  the  chief  burgess,  or  by  any 
ordinance  or  resolution  of  the  said  town  council.  He  shall,  when- 
ever required,  furnish  the  council,  the  committees-  thereof,  the  chief 
burgess,  or  the  heads  of  departments,  with  his  opinion,  in  writing, 
upon  any  question  of  law  which  may  be  submitted  by  either  of  them 
in  their  official  capacities. 

Section  3,  Act  of  April  25,  1907,  P.  L.  103. 

(f)     POLICE. 

Section  13.  The  council  of  any  incorporated  borough  may  appoint 
one  or  more  suitable  persons,  citizens  of  this  Commonwealth,  who 
shall  act  as  policemen  in  such  borough  and  shall  have  the  power  now 
possessed  by  the  constables  and  policemen  to  arrest  persons  violat- 
ing any  ordinance  of  such  borough,  the  violation  of  which  may  sub- 
ject persons  to  arrest.  And  the  keepers  of  the  jails,  lock-ups  or 
station-houses  in  the  counties  where  the  offence  was  committed  for 
which  an  arrest  may  be  made  are  required  to  receive  all  persons 
arrested  by  such  policemen. 

Section  1,  Act  of  June  6,  1893,  P.  L.  327. 

Section  14.  Such  policemen  shall,  when  on  duty,  severally  wear 
a  shield  or  badge  with  the  words  "Borough  Police"  and  the  name  of 
the  borough  for  which  they  are  appointed  inscribed  thereon. 

Section  2,  Act  of  June  6,  1893,  P.  L.  327. 


11— C  159 


Section  15.  Such  policemen  shall  be  under  the^control  and  direc- 
tion of  the  chief  burgess  or  burgess  of  the  borough  in  which  they 
shall  be  appointed,  as  to  the  time  during  which,  the  place  where, 
and  the  manner  in  which  they  shall  perform  their  duties;  and  they 
shall  receive  such  compensation  (to  be  paid  from  the  borough  treas- 
ury) as  may  be  provided  by  ordinance  or  resolution  of  the  borough 
council. 

Section  1,  Act  of  June  19,  1913,  P.  L.  538,  amending  Section 
3,  Act  of  June  G,  1893,  P.  L.  327,  as  amended  by  Act  of  June  8, 
1911,  P.  L.  720. 

Section  16.  All  boroughs  employing  policemen  within  the  Com- 
monwealth of  Pennsylvania,  shall  pay  to  all  such  policemen  a  fixed 
or  stipulated  salary;  and  that  hereafter  it  shall  not  be  lawful  for 
any  such  policeman  to  charge  or  accept  any  fee  or  other  compensa- 
tion, in  addition  to  his  salary,  for  any  service  rendered  or  performed 
by  him  of  any  kind  or  nature  whatsoever  pertaining  to  his  office 
or  duties  as  a  policeman,  except  public  rewards  and  the  legal  mile- 
age allowed  for  traveling  expenses. 

Section  1,  Act  of  July  14,  1897,  P.  L.  266. 

Section  17.  Any  person  employed  as  a  policeman,  violating  any 
of  the  provisions  of  the  preceding  section  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  sen- 
tenced to  pay  a  fine  not  exceeding  fifty  dollars  and  costs,  or  undergo 
imprisonment  in  the  jail  of  the  proper  county  not  exceeding  thirty 
days,  or  both,  at  the  discretion  of  the  court. 

Section  3,  Act  of  July  14,  1897,  P.  L.  266. 

H, 

Section  18.  It  shall  be  lawful  for  any  policeman  residing  in  any 
borough,  who  shall  be  duly  appointed  or  elected  to  the  office  of  con- 
stable in  said  borough,  or  any  ward  thereof,  to  hold  and  exercise 
said  office  and  to  demand  and  receive  all  costs,  fees  and  emoluments 
pertaining  thereto,  as  allowed  by  law. 

Section  1,  Act  o,'  April  25,  1905,  P.  L.  309. 

Section  19.  The  policemen  of  the  several  boroughs  of  this  Com- 
monwealth are  hereby  authorized  to  perform  the  several  duties  of 
high  constable:  Provided,  however,  If  such  policemen  receive  a  sal- 
ary or  stipulated  sum  for  services  from  the  borough,  no  other  com- 
pensation shall  be  allowed;  but  where  such  policemen  receive  no 
salary  or  stipulated  sum  for  services,  they  shall  receive  the  same  fees 
as  the  high  constable  now  receives  for  like  services. 

Section  1,  Act  of  May  24,  1901,  P.  L.  297. 


160 


Section  20.  The  several  boroughs  of  this  Commonwealth,  incor- 
porated by  general  or  special  laws,  shall  have  power  to  establish  by 
ordinance  a  police  pension  fund  to  be  maintained  by  an  equal  and 
proportionate  monthly  charge  against  each  member  of  the  police 
force  which  shall  not  exceed  annually  three  per  centum  of  the  pay 
of  such  member,  which  fund  shall  be  under  the  direction  of  councils 
or  committee  to  the  direction  of  such  officers  of  the  borough  as  may 
be  designated  by  councils,  and  applied  under  such  regulations  as 
councils  may  by  ordinance  prescribe  for  the  benefit  of  such  members 
of  the  police  force  as  shall  receive  honorable  discharge  therefrom 
by  reason  of  age  or  disability  and  the  families  of  such  as  may  be  in- 
jured or  killed  in  the  service,  but  such  allowances  as  shall  be  made 
to  those  who  are  retired  by  reason  of  the  disabilities  of  age  shall  be 
in  conformity  with  a  uniform  scale. 

Section  1,  Act  of  May  24,  1893,  P.  L.  129. 

Section  21.  Such  ordinance  may  prescribe  a  minimum  period  of 
continuous  service,  not  less  than  twenty  years,  after  which  mem- 
bers of  the  force  may  be  retired  from  active  duty,  and  such  members 
as  retired  shall  be  subject  to  service  from  time  to  time  as  a  police 
reserve  until  unfitted  for  such  service,  when  they  may  be  finally  dis- 
charged by  reason  of  age  or  disability. 

Part  of  Section  1,  Act  of  May  24,  1893,  P.  L.  129. 

Section  22.  Payments  made  under  the  provisions  of  this  section 
shall  not  be  a  charge  on  any  other  fund  in  the  treasury  of  the  bor- 
ough, or  under  its  control,  save  the  police  pension  fund  herein  pro- 
vided for.  The  basis  of  the  apportionment  of  the  pension  shall  be 
determined  by  the  rate  of  the  monthly  pay  of  the  member  at  the 
date  of  death,  honorable  discharge,  or  retirement,  and  shall  not  in 
any  case  exceed  in  any  year  one-half  of  the  annual  pay  of  such 
member  computed  at  such  monthly  rate. 

Part  of  Section  1,  Act  of  May  24,  1893,  P.  L.  129. 

Section  23.  It  shall  be  competent  for  any  such  borough  to  take 
by  gift,  grant,  devise  or  bequest,  any  money  or  property,  real,  per- 
sonal or  mixed,  in  trust  for  the  benefit  of  such  pension  fund,  and 
the  care,  management,  investment  and  disposal  of  such  trust  funds 
or  property  shall  be  vested  in  such  officer  or  officers  of  such  borough 
for  the  time  being  as  the  said  borough  may  designate,  and  such  care, 
management  and  disposal  shall  likewise  be  directed  by  ordinance  and 
the  said  trust  funds  shall  be  governed  thereby,  subject  to  such 
directions  not  inconsistent  therewith  as  the  donors  of  such  funds 
and  property  may  prescribe. 

Section  2,  Act  of  May  24,  1893,  P.  L.  129. 


161 


Section  24.  Whenever  any  person  shall  become  entitled  to  receive 
a  benefit  from  the  police  pension  fund,  and  shall  have  been  admitted 
to  participate  therein,  he  shall  not  be  deprived  of  his  right  to  an 
equal  and  proportionate  participation  therein  upon  the  basis  upon 
which  he  first  became  entitled  thereto,  save  from  one  or  more  of  the 
following  causes,  that  is  to  say,  conviction  of  a  crime  or  misde- 
meanor, becoming  an  habitual  drunkard,  becoming  a  non-resident  of 
the  State,  or  failing  to  comply  with  some  general  regulation  relat- 
ing to  the  management  of  said  fund  which  may  be  made  by  ordinance, 
and  which  may  provide  that  a  failure  to  comply  therewith  shall  ter- 
minate the  right  to  participate  in  the  pension  fund  after  such  due 
notice  and  hearing  as  shall  be  prescribed  by  ordinance. 

Section  3,  Act  of  May  24,  1893.  P.  L.  129. 


CHAPTER  VII. 
ARTICLE  VII. 


BUREAU  OF  MINE  INSPECTION  AND  SURFACE  SUPPORT. 

Section  1.  Every  borough  within  the  limits  of  the  anthracite 
region  of  this  Commonwealth  may,  by  ordinance,  create  a  Bureau  of 
Mine  Inspection  and  Surface  Support. 

Section  1,  Act  of  July  26,  1913,  P.  L.  1439. 

Section  2.  Said  bureau  shall  consist  of  one  practical  mining 
engineer,  to  be  appointed  by  the  burgess  of  such  borough,  with  the 
consent  of  councils,  and  such  other  assistants,  clerks,  and  employes 
as  may  be  provided  for  by  councils,  and  shall  be  paid  such  compen- 
sation as  councils  may  provide. 

Section  2,  Act  of  July  26,  1913,  P.  L.  1439. 

Section  3.  The  members  of  the  Bureau  of  Mine  Inspection  and 
Surface  Support,  shall  have  the  right  and  power  to  enter,  inspect, 
examine,  and  survey  any  mine  or  colliery  within  the  limits  of  the 
borough,  at  all  reasonable  times,  either  by  day  or  night,  but  not  so 
as  to  impede  or  obstruct  the  workings  of  the  mine  or  colliery;  and 
shall  have  power  to  take  such  other  persons  as  may  be  necessary 
for  the  purpose  of  making  such  examination  or  survey;  and  the 
owner,  operator,  or  superintendent  of  such  mine  or  colliery  is  hereby 
required  to  furnish  the  means  necessary  for  such  entry,  inspection, 
examination,  survey,  and  exit. 

Section  3,  Act  of  July  26,  1913,  P.  L.  1439. 

162 


Section  4.  The  owner,  operator,  or  superintendent,  of  every  coal- 
mine or  colliery  shall,  within  three  months  after  the  passage  and  ap- 
proval of  an  ordinance  by  any  borough  in  this  Commonwealth  creat- 
ing a  Bureau  of  Mine  inspection  and  Surface  Support,  authorized  by 
this  act.  make  or  cause  to  be  made  and  furnished  to  the  Bureau  of 
Mine  Inspection  and  Surface  Support  an  accurate  map  or  plan  of 
the  workings  or  excavations  of  such  coal-mine  or  colliery,  on  a  scale 
of  one  hundred  feet  to  the  inch ;  which  map  or  plan  shall  exhibit 
the  workings  or  excavations  in  every  seam  of  coal  on  a  separate 
sheet,  and  the  tunnels  and  passages  connecting  with  such  workings 
or  exca  vat  ions.  Ft  shall  state  in  degrees  the  general  inclination  of 
the  strata,  with  any  material  deflection  therein  in  said  workings 
or  excavations,  and  shall  also  state  the  tidal  elevations  of  the  bottom 
of  each  and  everj^  shaft,  slope,  tunnel,  and  gangway,  and  of  any  other 
point  in  the  mine  or  on  the  surface  where  such  elevation  shall  be 
deemed  necessary  by  the  Bureau  of  Mine  Inspection  and  Surface  Sup- 
port. The  map  or  plan  shall  show  the  number  of  the  last  survey 
station,  and  date  of  each  survey  on  the  gangways  or  the  most  ad- 
vanced workings. 

Section  4,  Act  of  July  26,  1913,  P.  L.  1439. 

Section  5.  Every  mine  owner,  operator,  or  superintendent  shall 
place  or  cause  to  be  placed  apon  the  map  of  the  Bureau  of  Mine  In- 
spection and  Surface  Support  of  each  borough,  at  least  once  in  every 
three  months,  the  plan  of  all  extensions  made  in  any  mine,  within 
the  limits  of  such  borough,  during  the  three  months  preceding,  ex- 
cept those  made  immediately  within  thirty  days  from  the  time  of 
placing  such  extensions  upon  said  map. 

Section  5,  Act  of  July  26,  1913,  P.  L.  1439. 

Section  6.  It  shall  be  unlawful  for  any  person,  firm,  associa- 
tion, or  corporation  to  dig,  mine,  remove,  or  carry  away  the  coal, 
rock,  earth,  or  other  minerals  or  materials  forming  the  natural  sup- 
port of  the  surface,  beneath  the  streets,  avenues,  thoroughfares, 
courts,  alleys,  places,  and  public  highways  of  any  borough  within  this 
Commonwealth,  to  such  an  extent  and  in  such  a  manner  as  to  thereby 
remove  the  necessary  adequate  support  of  the  surface  against  sub- 
sidence, without  having  first  placed,  built,  erected,  and  constructed 
sufficient  adequate  and  permanent  artificial  support,  in  place  and 
stead  thereof,  to  maintain,  uphold,  and  preserve  the  stability  of  the 
surface  of  said  streets,  avenues,  thoroughfares,  courts^  alleys,  places 
and  public  highways. 

Section  6,  Act  of  July  26,  1913,  P.  L.  1439. 

d  Section  7.     Any  person,  being  the  general  manager,  superinten- 
ent,  or  person  in  charge  of  the  work  of  any  corporation,  firm,  or  as- 

163 


sociation,  violating  any  of  the  provisions  of  this  act,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  Before  any  justice 
of  the  peace,  within  such  municipality,  shall  be  sentenced  to  pay  a 
fine  not  exceeding  one  thousand  dollars,  or  to  undergo  imprisonment 
in  the  county  jail  for  a  period  not  exceeding  ninety  days,  or  both,  for 
each  offense;  each  such  fine  shall  be  paid  into  the  treasury  of  the 
proper  borough. 

Section  7,  Act  of  July  26,  1913,  P.  L.  1439. 

Section  8.  The  councils  of  the  boroughs  of  this  Commonwealth  are 
hereby  authorized  to  enact  such  ordinances  as  may  be  necessary  for 
the  proper  enforcement  of  the  provisions  of  this  article. 

Section  8,  Act  of  July  26,  1913,  P.  L.  1439. 


CHAPTER  VIII. 


ELECTIONS— VACANCIES  IN  OFFICE. 


ARTICLE  I. 


NUMBER,  TERM  AND  TIME  OF  ELECTION  OF  OFFICERS. 

Section  1.  The  election  for  officers  shall  be  held  at  the  time  and 
place  for  the  holding  of  municipal  elections. 

Section  2.  It  shall  be  lawful  for  the  electors  of  the  borough  to 
elect: 

1.  In  boroughs  not  divided  into  wards,  seven  councilmen,  a  chief 
burgess,  a  High  Constable,  and  three  Auditors  or  a  Controller;  to 
be  chosen  by  the  electors  at  large. 

Section  1,  Act  of  May  22,  1895,  P.  L.  109;  Sec.  17,  Act  of 
April  3,  1851,  P.  L.  320,  and  Act  of  June  12,  1913,  P.  L. 
499. 

2.  In  boroughs  divided  into  wards,  not  less  than  one  nor  more 
than  three  councilmen  in  each  ward  to  be  chosen  by  the  electors  of 
each  ward,  and  not  at  large,  and  shall  be  residents  from  the  ward  from 
which  they  are  elected;  and  a  chief  burgess,  a  high  constable  and 
three  auditors  or  a  controller  to  be  chosen  by  the  electors  at  large. 

Sec.  1,  Act  of  April  13,  1903,  P.  L.  171 ;  Sec.  1,  Act  of  May 
10,  1878,  P.  L.  51,  and  Act  of  June  12,  1913,  P.  L.  499. 

164 


Section  3.  The  conr!  of  qua  Her  sessions  may,  after  once  having 
fixed  the  number  of  councilmen,  increase  the  same  on  petition  of 
citizens  of  any  such  borough,  to  any  number  not  exceeding  three 
for  oju-h  ward. 

Part  of  Sec.  1,  Act  of  May  13,  1880,  P.  L.  193,  amending 
Sec.  4,  Act  of  May  14,  1874,  P.  L.  159;  and  part  of  Sec. 
1,  Act  of  April  13,  1903,  P.  L.  171. 

Section  4.  The  several  courts  of  quarter  sessions  of  the  peace 
shall  have  power  and  authority,  on  the  petition  of  twenty  or  more 
citizens  of  any  borough  in  which,  by  virtue  of  any  act  of  assembly 
or  decree  of  court,  there  are  now  three  members  of  town  council  to 
be  elected  in  each  ward,  after  due  notice  to  such  town  council  to 
dec  lease  the  number  of  members  of  town  council  to  be  elected  in 
each  of  said  wards  to  two. 

At  each  municipal  election  hereafter,  the  qualified  electors  of  each 
ward  shall  elect  one  councilman  to  hold  office  for  a  term  of  four 
years  from  the  first  Monday  of  January  next  succeeding  his  election. 

Sec.  1,  Act  of  July  9,  1897,  P.  L.  216. 

Section  5.     Electors  only  shall  be  eligible  to  borough  offices. 

Sec.  18,  Act  of  April  3,  1851,  P.  L.  320. 

Section  6.  The  officers  elected  shall  serve  until  others  are  duly 
elected  and  qualified. 

Sec.  19,  Act  of  April  3,  1851,  P.  L.  320. 

Section  7.  Certificates  of  election  of  all  borough  officers  shall 
be  filed  among  the  records  of  the  borough. 

Sec.  20,  Act  of  April  3,  1851,  P.  L.  320. 

Section  8.  At  the  municipal  election  to  be  held  in  the  year  one 
thousand  nine  hundred  and  fifteen  there  shall  be  elected  in  each  bor- 
ough, a  sufficient  number  of  councilmen  to  equal  one  half  of  the  en- 
tire number  of  which  such  council  is  legally  composed,  to  serve  from 
the  first  Monday  of  January  next  succeeding  for  a  term  of  four 
years,  and  where  such  entire  number  is  seven,  nine  or  eleven  then 
sufficient  to  constitute,  three,  four  or  five  as  the  case  may  be.  The 
aforesaid  councilmen  to  be  elected  in  the  year  one  thousand  nine  hun- 
dred and  fifteen,  being  successors  to  those  elected  in  the  years  one 
thousand  nine  hundred  and  eleven  and  one  thousand  nine  hundred  and 
thirteen  whose  terms  as  now  provided  by  law  expire  on  the  first  Mon- 
day of  January  one  thousand  nine  hundred  and  sixteen.  All  coun- 
cilmen whose  terms  under  the  provisions  of  the  law  expire  on  the 
first  Monday  of  January,  one  thousand  nine  hundred  and  eighteen, 


165 


shall  continue  to  hold  their  office  until  the  first  Monday  in  January, 
one  thousand  nine  hundred  and  eighteen,  as  now  provided,  and  their 
successors  shall  be  elected  at  the  municipal  election  in  the  year  one 
thousand  nine  hundred  and  seventeen,  to  serve  from  the  first  Mon- 
day of  January  next  succeeding,  for  a  term  of  four  years.  Bien- 
nially thereafter,  at  the  municipal  election,  a  sufficient  number  of 
councilmen  shall  be  elected,  for  a  term  of  four  years,  to  fill  the  places 
of  those  whose  terms,  under  the  provisions  of  this  act,  shall  expire 
on  the  first  Monday  of  January  next  following  such  election. 

Drafted  from  Sec.  1,  Act  of  May  20,  1913,  P.  L.  268,  amend- 
ing Sec.  4,  Act  of  June  19,  1911,  F.  L.  1047. 

Section  9.  Whenever  the  court  of  quarter  sessions  shall  divide 
any  borough  into  wards,  erect  two  or  more  wards  or  parts  of  two 
or  more  wards  into  one  ward,  or  divide  any  ward  already  erected  into 
two  or  more  wards  as  provided  in  chapter  III,  article  III,  of  this 
act,  and  when  the  report  in  such  case  shall  have  been  confirmed  by 
the  court,  it  shall  at  the  same  time  decree  the  election  of  an  equal 
number  of  councilmen  in  each  of  the  wards,  in  such  manner  as  not  to 
interfere  with  the  terms  of  those  theretofore  elected.  In  decreeing 
such  election,  when  the  entire  number  of  council  shall  be  composed  of 
an  equal  number,  the  decree  >shall  be  so  made  that  one-half  of  the  en- 
tire number  shall  thereafter  be  elected  at  each  municipal  election. 
When  the  entire  number  of  council  shall  be  composed  of  an  odd 
number,  the  court  shall  divide  such  council  into  two  classes,  and 
shall  make  its  decree  so  that  one  half  of  the  entire  number  of  coun- 
cilmen less  one  shall,  as  soon  as  possible,  take  their  office  in  a  year 
divisible  by  four  and  the  remaining  number  of  councilmen  shall  take 
their  office  in  a  year  not  divisible  by  four.  The  apportionment  shall 
be  so  made*  by  the  court  that  there  shall  be  equal  or  as  nearly  equal 
as  possible,  representation  by  wards  in  each  class.  Biennially  there- 
after at  each  municipal  election  a  sufficient  number  of  councilmen 
shall  be  elected,  for  the  term  of  four  years,  to  fill  the  places  of  those 
whose  terms,  shall  expire  on  the  first  Monday  of  January  next  fol- 
lowing such  election. 

Drafted  from  Sec.  1,  Act  of  May  13,  1889,  P.  L.  193,  amend- 
ing Sec.  4,  Act  of  May  14,  1874,  P.  L.  159;  Sec.  1,  Act  of 
March  24,  1877,  P.  L.  47,  and  Sec.  1,  of  the  Act  of  May  20, 
1913,  P.  L.  268,  amending  Sec.  4,  Act  of  June  19,  1911,  P.  L. 
1047. 

Section  10.  Upon  the  division  of  any  borough  into  wards,  or  the 
erection  of  a  new  ward  or  wards  in  any  borough,  it  shall  be  lawful 
for  the  court  decreeing  such  division,  in  all  cases  where  the  number 
of  councilmen  of  such  borough  cannot  be  equally  divided  among  the 


166 


respective  wards  created  by  such  division,  to  increase  the  number 
of  council  men  to  and  not  exceeding  such  number  as  will  enable  the 
court  to  ma' .c  ;ni  equal  apportionment  of  the  same  among  the  re- 
spective wards. 

Sec.  1,  Act  of  Feb.  17,  1876,  P.  L.  6. 

Section  11.  Whenever  the  court  of  quarter  sessions  shall  divide  any 
borough  into  wards,  it  shall  appoint  for  each  ward  such  judges  and 
inspectors  of  election,  to  hold  the  first  election  after  such  division, 
as  are,  by  law,  required. 

Part  of  Sec.  5,  Act  of  May  10,  1878,  P.  L.  51. 

Section  12.  Whenever  two  or  more  boroughs  are  consolidated  as 
provided  in  chapter  II,  article  II,  the  members  of  the  town  council 
of  each  of  said  boroughs  shall  be  members  of  the  town  council  of 
the  new  borough  from  the  wards  in  which  they  respectively  reside, 
and  shall  hold  their  office  until  the  expiration  of  their  terms. 

In  consolidated  boroughs  divided  into  wards,  the  number  of  coun- 
cilmen  in  each  ward  shall  be  three. 

At  the  first  municipal  election  next  succeeding  such  consolidation, 
the  qualified  electors  of  such  borough  shall  elect  a  sufficient  number 
of  councilmen  to  equal  one-half  of  the  entire  number  of  which  such 
council  is  legally  composed,  to  serve  for  a  term  of  four  years  from 
the  first  Monday  of  January  next  succeeding  their  election,  and  where 
such  entire  number  is  seven,  nine,  or  eleven  and  where  the  year  in 
which  such  officers  shall  take  office  shall  be  divisible  by  four,  then 
sufficient  to  constitute  three,  four  or  five  as  the  case  may  be;  and 
where  such  year  is  not  divisible  by  four,  then  sufficient  to  constitute 
four,  five  or  six.  At  the  second  municipal  election  succeeding  such 
consolidation  the  remaining  number,  of  councilmen  to  which  such 
consolidated  borough  is  entitled,  shall  be  elected  for  a  term  of  four 
years:  Provided,  That  in  such  boroughs,  divided  into  wards,  the 
council  shall  by  lot,  prior  to  the  first  municipal  election  succeeding 
such  consolidation,  apportion  the  councilmen  to  be  elected  as  above 
provided,  so  that  there  shall  be  equal,  or  as  nearly  equal  as  possible, 
representation  by  wards. 

Biennially  thereafter  at  each  municipal  election  a  sufficient  number 
of  councilmen  shall  be  elected,  for  a  term  of  four  years,  to  fill  the~ 
places  of  those  whose  terms  shall  expire  on  the  first  Monday  of 
.January  next  following  such  election. 

Drafted  from  Sec.  5,  Act  of  June  6,  1893,  P.  L.  335,  and 
Sec.  1,  Act  of  May  20,  1913,  P.  L.  268,  amending  Sec.  4, 
Act  of  June  19,  1911,  P.  L,  1047. 


167 


Section  13.  The  purpose  of  the  preceding  sections  being  that,  as 
nearly  as  possible,  one-half  of  the  councilmen  of  each  borough  shall 
be  elected  at  each  municipal  election  for  a  term  of  four  years. 

Part  1,  Sec.  1,  Act  of  May  20,  1913,  P.  L.  268,  amending 
Sec.  4,  Act  of  June  19,  1911,  P.  L.  1047. 

Section   14.^  The  qualified   electors   of   every   borough,    shall,    at 
the  municipal  elections  in  the  year  one  thousand  nine  hundred  and 
seventeen  and  every  four  years  thereafter,  elect  a  properly  qualified 
person  for  chief  burgess,  who  shall  hold  office  for  a  term  of  four 
years  from  the  first  Monday  of  January  next  succeeding  his  election. 
Drafted  from  Sec.  1,  Act  of  May  23,  1893,  P.  L.  113,  Con- 
stitutional amendments  of  1909,   and   the  Act  of  March   2, 
1911,  P.  L.  8. 

Section  15.  Whenever  two  or  more  boroughs  are  consolidated  un- 
der the  provisions  of  Chapter  II,  Article  II,  the  chief  burgess  of  that 
borough  which  shall  have  been  first  incorporated  shall  be  the  chief 
burgess  of  the  new  borough,  to  serve  until  the  expiration  of  his  term. 
The  chief  burgess  of  the  other  borough  shall  become  a  member  of  the 
town  council  of  the  new  borough  from  the  ward  in  which  he  shall 
reside  and  shall  continue  a  member  thereof  until  the  expiration  of 
his  term  of  office.  At  the  first  municipal  election  for  the  election  of 
chief  burgess  in  boroughs,  a  chief  burgess  shall  be  elected  in  such  new 
borough  to  hold  his  office  for  a  term  of  four  years  from  the  first 
Monday  of  January  next  succeeding  such  election  and  every  fourth 
year  thereafter  the  qualified  electors  of  said  borough  shall  elect  one 
person  to  be  chief  burgess. 

Drafted  from  Sees.  5  and  6  of  Act  of  June  6,  1893,  P.  L. 

335,  Constitutional  amendments  of  1909,  and  Act  of  March 

2,  1911,  P.  L.  8. 

Section  16.  The  qualified  electors  of  every  borough  shall,  at  the 
municipal  election  in  the  year  one  thousand  nine  hundred  and  fif- 
teen, and  every  fourth  year  thereafter,  elect  a  properly  qualified  per- 
son for  high  constable,  to  serve  for  a  term  of  four  years. 

Drafted  Sec.  1,  Act  of  >  June  26,  1895,  P.  L.  375,  and  Con- 
stitutional amendments  of  1909,  and  Act  of  March  2,  1911, 
P.  L.  8. 

Section  17.  The  qualified  voters  of  every  borough  shall  elect,  at 
the  municipal  elections,  in  the  year  one  thousand  nine  hundred  and 
fifteen  one  auditor,  and  in  the  year  one  thousand  nine  hundred 
and  seventeen  two  auditors,  to  serve  from  the  first  Monday  of  Janu- 
ary next  succeeding  their  elections  for  a  term  of  four  years.  Bien- 
nially thereafter  one  or  two  auditors,  as  the  case  may  be,  shall  be 

168 


elected  for  a  term  of  four  years,  to  fill  the  places  of  those  whose 
terms  shall  expire  on  the  first  Monday  of  January  next  following 
such  election. 

Drafted  from  Sec.  17,  Act  of  April  3,  1851,  P.  L.  320, 
Sec.  1,  Act  of  May  10,  1878,  P.  L.  51,  Constitutional  amend- 
ments of  1909,  and  Act  of  March  2,  1911,  P.  L.  8. 

Section  18.  The  term  of  office  of  all  borough  treasurers  and  street 
commissioners  that  are  elected  by  the  voters  of  the  borough  at  large, 
in  the  several  boroughs  of  the  Commonwealth,  be  and  the  same  is 
hereby  fixed  at  four  years. 

Sec.  1,  Act  of  May  6,  1909,  P.  L.  440,  Constitution  amend- 
ments of  1909. 

Section  19.  Whenever  hereafter  any  borough  shall  be  incorporated 
from  a  township  as  provided  in  Chapter  II,  Article  I,  or 
whenever  a  borough  is  formed  by  the  division  of  a  borough  as  provided 
in  Chapter  II,  article  IV,  or  whenever  a  borough  is  formed  by  the  de- 
tachment of  territory  as  provided  in  chapter  II,  article  IV,  section  6; 
and  a  special  election  is  ordered  by  the  court  for  the  election  of  bor- 
ough officers,  the  officers  so  elected  shall  hold  their  office  until  the  first 
Monday  of  January  next  succeeding  the  municipal  election  at  which 
such  officers  are  elected  as  provided  in  this  article,  and  thereafter 
such  officers  shall  be  so  elected  that  the  time  of  their  election,  and  in 
the  case  of  councilmen  and  auditors,  the  number  to  be  elected  at  any 
municipal  election,  shall  coincide  with  the  time  and  number  elected 
at  such  municipal  elections  by  boroughs  incorporated  prior  to  the 
passage  of  this  act,  as  provided  in  sections  8,  14,  16  and  17  of  this 
article. 

See  Comm.  v.  Galloway,  16  Pa.,  C.  C.  442. 

Section  20.  If  any  person  duly  elected  as  burgess,  member  of 
town  council  or  high  constable,  and  having  received  notice  thereof, 
shall  refuse  or  neglect  to  take  upon  himself  the  execution  of  the  said 
office  to  which  he  shall  have  been  elected,  or  having  taken  upon  himself 
such  duties,  shall  neglect  to  discharge  the  same  according  to  law,  every 
person  so  refusing  or  neglecting  shall,  for  every  such  offence,  forfeit 
and  pay  the  sum  of  twenty  dollars,  which  fine  and  all  other  fines 
and  forfeitures  incurred  and  made  payable  in  pursuance  of  this  act 
or  any  of  the  by-laws  and  ordinances  of  any  borough,  shall  be  for 
the  use  of  the  proper  borough,  and  shall  be  recovered  before  any 
justice  of  the  peace,  in  the  same  manner  that  debts  not  exceeding 
three  hundred  dollars  are  by  law  recoverable,  and  when  so  recovered 
shall  be  forthwith  paid  to  the  treasurer  of  said  borough,  and  all  other 
money  received  by  any  officer  for  the  use  of  said  borough  shall  be 
forthwith  paid  to  the  said  treasurer. 

Sec.  6,  Act  of  April  1,  1834,  P.  L.  163. 

169 


CHAPTER  VIII. 


ARTICLE  II. 


FILLING  OF  VACANCIES. 

Section  1.  Vacancies  in  .any  of  the  offices  of  town  council  may 
be  filled  by  appointments  to  be  made  by  the  court  of  quarter  ses- 
sions; but  any  appointment  so  made  shall  be  of  an  elector  of  said 
town,  who  shall  have  voted  for  the  officer  or  person  whose  place  is 
to  be  filled;  when  one  or  more  vacancies  shall  exist  from  a  failure 
to  elect  at  an  election,  or  two  or  more  vacancies  shall  exist  in  the 
same  office  from  any  other  cause,  the  said  court  may  order  an  elec- 
tion to  fill  the  same,  at  such  time,  and  upon  such  reasonable  notice, 
as  the  judges  thereof  may  think  proper. 

Section  5,  Act  of  March  4,  1870,  P.  L.  344,  the  provisions  of  which 
were  extended  to  boroughs  generally  by  Section  3,  Act  of  June  2, 
1871,  P.  L.  283. 

Section  2.  The  members  of  town  councils  shall  have  power  to  fill 
any  vacancy  which  may  occur  therein  by  death,  resignation,  removal 
from  the  borough,  or  otherwise,  until  the  next  election  for  members 
of  town  council,  when  such  vacancy  shall  be  filled  by  electing  a  quali- 
fied citizen  to  supply  the  same  for  the  balance  of  the  unexpired  term : 
Provided,  That  the  qualified  voters  shall  designate  on  their  ballots 
that  the  person  or  persons  thereon  named  are  voted  for  to  fill  an 
unexpired  term'. 

Section  4,  Act  of  May  22,  1895,  P.  L.  109. 

Section  3.  Upon  the  petition  of  the  councils  of  any  borough  to 
the  court  of  quarter  sessions  of  the  proper  county,  representing  that 
any  vacancy  or  vacancies  in  their  own  body,  or  in  any  other  bor- 
ough offices,  exists,  said  court  shall  have  the  right  and  authority  to 
fill  such  vacancy  by  appointment;  'said  appointees  to  hold  office 
until  the  succeeding  municipal  election:  Provided,  That  this  sec- 
tion shall  not  be  construed  to  change  the  manner  of  filling  any  such 
vacancy,  in  any  borough  where  such  authority  now  exists,  by  general 
or  special  law. 

Section  1,  Act  of  March  24,  1877,  P.  L.  36,  No.  31. 

Section  4.  If  any  vacancy  shall  take  place  in  the  office  of  burgess, 
after  any  ward,  'district  or  borough  election,  by  reason  of  the  erec- 
tion of  any  new  ward,  district  or  borough,  or  from  the  neglect  or 
refusal  of  any  person  elected  to  perform  the  duties  of  the  office,  or 


170 


by  death,  resignation  or  otherwise,  the  court  of  quarter  sessions  of 
the  proper  county,  upon  petition  from  (lie  town  council  or  any  citi- 
zen who  is  a  resident  of  said  borough  setting  forth  the  fact  that  a 
vacancy  does  exist,  shall  appoint  a  suitable  person  to  fill  said  vac- 
ancy for  the  unexpired  term. 

Secion  1,  Act  of  July  2,  1895,  P.  L.  433,  Comm.  v.  Galloway 
16  Pa.  C.  C.  442. 

Section  5.  Whenever  a  vacancy  may  occur  in  the  office  of  high 
«ni stable  in  any  borough  in  the  Commonwealth  of  Pennsylvania, 
whether  created  by  general  or  special  law,  by  reason  of  failure  to 
elect,  failure  to  qualify,  incompetency,  death,  resignation,  removal, 
or  for  any  other  cause,  it  shall  be  the  duty  of  the  court  of  quarter 
sessions  of  the  peace  of  the  county  in  which  such  borough  may  lie, 
to  appoint  a  suitable  person,  who,  upon  being  qualified  as  required 
by  law,  shall  serve  as  the  high  constable  thereof  for  the  unexpired 
term,  so  vacant. 

Section  1,  Act  of  March  1 1,  1903,  P.  L.  22. 

Section  6.  In  case  of  the  death,  removal  or  resignation  of  any 
auditor,  the  judges  of  the  court  of  quarter  sessions  of  the  proper 
county,  shall  appoint  a  suitable  person  to  fill  the  vacancy,  for  the  un- 
expired term  of  the  person  whose  place  is  vacant. 

A  draft  from  Section  2,  Act  of  March  11,  1842,  P.  L.  62. 

See  Jayne  v.  Smith  9  Pa.  C.  C.  494,  and  Tricketts  Borough 
Law,  Section  80. 


CHAPTER  IX. 


PARKS— SHADE   TREES— FORESTS. 


ARTICLE  I. 


PARKS,  PARKWAYS  AND  PLAYGROUNDS. 
Section  1.  It  shall  be  lawful  for,  and  the  right  and  power  are 
hereby  conferred  upon  boroughs  of  this  Commonwealth,  to  enter 
ii] Mm,  take,  use,  and  appropriate  by  the  right  of  eminent  domain,  and 
to  acquire  by  gift,  devise,  purchase,  lease,  and  otherwise,  private 
property,  for  the  purposes  of  making,  enlarging,  extending,  and  main- 
taining public  parks,  parkways,  and  playgrounds. 

Part  of  Section  1,  Act  of  May  20,  1913,  P.  L.  257,  amending 
Section  1,  Act  of  May  3,  1909,  P.  L.  401. 


171 


Section  2.  It  shall  be  lawful  for,  and  the  ri&ht  and  power  are 
hereby  conferred  upon  boroughs  to  improve,  maintain,  and  regulate 
all  public  parks,  parkways,  and  playgrounds  within  their  respective 
territorial  limits. 

Section  3,  Act  of  May  3,  1909,  P.  L.  401. 

Section  3.  No  appropriation  or  appropriations  by  right  of  emi- 
nent domain,  lease  or  leases,  purchase  or  purchases,  pursuant  to  sec- 
tion one  of  this  article,  shall  be  made  by  any  borough  whereby  it 
shall,  within  any  period  of  three  years,  obligate  itself  to  pay  in  the 
aggregate,  any  money  or  moneys  in  excess  of  one  and  one-half  mills 
on  the  dollar  on  the  valuation  assessed  on  all  property,  offices,  pro- 
fessions, and  persons,  in  such  borough,  upon  which  county  taxes  are 
rated  and  levied,  without  the  consent  of  a  majority  of  the  qualified 
electors  obtained  at  an  election  as  hereinafter  provided. 

Part  of  Section  1,  Act  of  May  20,  1913,  P.  L.  257,  amending 
Section  1,  Act  of  May  3,  1909,  P.  L.  401. 

Section  4.  No  borough  shall  have  power  to  exercise  the  right  of 
eminent  domain  for  the  appropriation  of  any  land  which  is  not  within 
the  territorial  limits  thereof. 

Part  of  Section  1,  Act  of  May  20,  1913,  P.  L.  257,  amending 
Section  1,  Act  of  May  3,  1909,  P.  L.  401. 

Section  5.  Whenever  any  borough  shall  by  ordinance  provide  for 
taking,  using,  and  appropriating  by  right  of  eminent  domain,  or  pur- 
chasing or  leasing,  any  private  property  for  the  purposes  aforesaid, 
and  the  value  of  such  property  or  the  price  of  the  rental  thereof,  as 
the  case  may  be,  shall  alone,  or  when  added  to  the  amount  of  lia: 
bility  incurred  for  the  purposes  aforesaid  within  the  preceding  three 
years,  exceed  one  and  one-half  mills  on  the  dollar  of  valuation,  the 
corporate  authorities  shall  cause  the  question  of  such  taking  and 
appropriating,  purchasing  or  leasing,  to  be  submitted  to  the  quali- 
fied electors  of  the  borough  at  the  municipal  or  general  election 
next  occurring  after  the  expiration  of  forty  days  from  the  date  of 
such  ordinance. 

Part  of  Section  2,  Act  of  May  3,  1909,  P.  L.  401. 

Section  6.  The  corporate  authorities  of  the  borough  shall  giv 
public  notice  of  the  proposed  submission  of  such  question  by  weekly 
advertisements  in  the  newspapers  not  exceeding  three  in  such  bor- 
ough, for  four  weeks  next  preceding  the  day  of  the  election;  and, 
if  no  newspaper  be  published  therein,  by  at  least  twenty  printed  hand- 
bills, posted  in  the  most  public  parts  thereof,  at  least  twenty-one 
days  before  the  day  of  such  election. 

Part  of  Section  2,  Act  of  May  3,  1909,  P.  L.  401. 

172 


Section  7.  For  the  purpose  of  having  such  question  appear  upon 
the  ballot  the  corporate  authorities  of  the  borough  shall  certify  the 
question  to  the  county  commissioners,  at  least  twenty-one  days  be- 
fore the  day  of  the  election.  The  question  may  be  stated  substan- 
tially as  follows: — 

••Shall   the  borough  of  -  -  acquire  by  purchase  or   con 

d(Mii nation,  or  both,  at  a  price  and  cost  not  exceeding  - 
dollars  (or  by  lease  for  not  more  than  -         -  years,  at  an  annual 
rental  of  not  more  than  -  -  dollars),  property  for  the  pur- 

pose of  making  (or  of  enlarging  or  of  extending)  public  parks,  park- 
ways and  playgrounds,  within  the  locality  bounded  by  - 

The  corporate  authorities  may,  however,  at  their  discretion,  omit 
the  designation  of  the  locality. 

Part  of  Section  2,  Act  of  May  3,  1909,  P.  L.  401. 

Section  8.  The  result  of  the  vote  on  such  question  shall  be  as- 
certained and  certified  in  the  same  manner  as  the  vote  on  the  elec- 
tion of  officers  named  on  the  same  ballots.  No  such  question,  which 
shall  have  been  determined  negatively  at  any  such  election,  shall  be 
again  submitted  within  one  year. 

Part  of  Section  2,  Act  of  May  3,  1909,  P.  L.  401. 

Section  9.  The  taking,  using,  and  appropriating  by  the  right  of 
eminent  domain  of  private  property,  for  the  purpose  of  making,  en- 
larging, extending,  and  maintaining  public  parks,  parkways,  and 
playgrounds,  is  hereby  declared  to  be  taking,  using,  and  appropriat- 
ing such  private  property  for  public  use;  and  for  all  damage  done  or 
suffered  by,  and  compensation  which  shall  accrue  to,  the  owner  or 
owners  of  such  property,  by  reason  of  the  taking,  appropriating,  and 
using  of  the  same  for  the  purposes  aforesaid,  the  funds  of  the  bor- 
ough, which  may  be  raised  by  taxation,  shall  be  pledged  and  deemed 
as  security. 

Section  4,  Act  of  May  3,  1909,  P.  L.  401. 

Section  10.  If  the  compensation  and  damages  arising  from  such 
taking,  using  and  appropriating  of  private  property  for  the  pur- 
poses aforesaid,  cannot  be  agreed  upon  by  the  owners  thereof  and 
such  borough,  it  shall  be  lawful  for  such  borough  to  tender  its  bond 
as  security  to  the  party  claiming  or  entitled  to  any  damages,  or 
to  the  attorney  or  agent  of  any  absent  person,  or  to  the  agent  or 
other  officer  of  a  corporation,  or  to  the  guardian  or  committee  of 
any  person  under  legal  incapacity,  the  condition  of  which  shall  be 
that  the  said  borough  shall  pay  or  cause  to  be  paid  such  amount  of 
damages  as  the  party  shall  be  entitled  to  receive,  after  the  same  shall 
have  been  agreed  upon  or  assessed  in  the  manner  provided  in  this 
article.  In  case  the  party  or  parties  claiming  damages  refuse  or  do, 

173 


not  accept  the  security  so  tendered,  the  said  borough  shall  then  give 
the  party,  his  or  their  agent,  attorney,  guardian  or  committee,  at 
least  ten  days'  written  notice  of  the  time  when  the  same  will  be  pre- 
sented in  any  court  of  common  pleas  of  the  county  in  which  the  land 
so  to  be  acquired,  taken,  used  or  appropriated,  is  situate,  for  ap- 
proval; and  thereafter,  the  said  borough  may  present  its  bond  to 
said  court  of  common  pleas,  and  when  approved,  the  said  bond  shall 
be  filed  in  said  court  for  the  benefit  of  those  interested,  and  recov- 
ery may  be  had  thereon  for  the  amount  of  damages  ascertained  or 
finally  determined,  if  the  same  be  not  paid  or  cannot  be  made  by 
execution  on  the  judgment  in  the  issue  formed  to  try  the  question, 
and  upon  the  approval  of  said  security,  said  borough  may  enter  into 
possession,  take,  hold,  use  and  enjoy  said  land  for  the  purposes  afore- 
said forever. 

Section  2,  Act  of  June  8,  1895,  P.  L.  188. 

Section  11.  Wherever  any  of  said  boroughs,  in  the  exercise  of  the 
right  hereinbefore  conferred,  shall  acquire,  take,  use,  or  appropriate 
private  property  for  public  park,  parkway  or  playground  purposes, 
and  cannot  agree  with  the  owner  or  owners,  lessee  or  lessees,  of  such 
private  property  for  the  compensation  for  the  property  appropriated 
and  the  damages  done;  or  when,  by  reason  of  the  absence  or  legal  in- 
capacity of  any  such  owner  or  owners,  lessee  or  lessees,  no  such  com- 
pensation can  be  agreed  upon;  any  court  of  common  pleas  of  the 
county  in  which  the  property  so  taken,  used,  and  appropriated  is 
situate,  or  any  law  judge  thereof  in  vacation,  on  application  thereto 
by  such  borough,  or  any  person  interested  in  such  land  and  property, 
shall  appoint  three  discreet  and  disinterested  freeholders  as  view- 
ers, and  appoint  a  time,  not  less  than  twenty  nor  more  than  thirty 
days  thereafter,  when  said  viewers  shall  meet  upon  the  property 
and  view  the  same  and  the  premises  affected  thereby. 

Part  of  Section  5,  Act  of  May  3,  1909,  P.  L.  401. 

Section  12.  The  said  viewers  shall  give  at  least  ten  days'  no- 
tice of  the  time  and  place  of  their  first  meeting,  to  the  owners  of 
said  property,  or  to  their  agents,  attorneys,  or  representatives,  by 
writing  served  upon  them  in  the  manner  provided  by  law  for  the 
service  of  summons  in  personal  actions,  if  they  reside  within  the 
county  in  which  such  borough  is  located,  otherwise  by  handbills 
posted  upon  the  premises,  or  by  such  other  notice  as  the  court  shall 
direct. 

Part  of  Section  5,  Act  of  May  3,  1909,  P.  L.  401. 

Section  13.  The  said  .viewers,  having  been  duly  sworn  or  af- 
firmed faithfully,  justly  and  impartially  to  decide  and  true  report  to 
make  concerning  all  matters  and  things  to  be  submitted  to  them,  in 

174 


relation  to  which  they  are  authorized  to  inquire  under  the  pro- 
visions of  this  article,  and  having  viewed  the  premises  or  examined 
the  property,  shall  hear  all  parties  interested  and  their  witnesses; 
and,  having  due  regard  to  the  advantages  and  disadvantages,  shall 
estimate  and  determine  the  damages  for  property  taken,  used,  or 
appropriated,  and  to  whom  the  same  are  payable;  and,  having  so 
estimated  and  determined  the  damages,  they  shall  prepare  a  schedule 
thereof,  and  give  notice,  in  the  manner  above  provided,  to  the  par- 
th's  interested,  of  a  time  not  less  than  ten  days  thereafter,  and  of  a 
place  where  said  viewers  will  meet  and  exhibit  said  schedule  and 
hoar  all  exceptions  thereto  and  evidence.  After  making  whatever 
changes  are  deemed  necessary,  the  said  viewers  shall  make  report  to 
the  court,  showing  the  damages  allowed,  if  any,  and  to  whom  pay- 
able, and  file  therewith  a  plan  showing  the  properties  taken,  used  and 
appropriated. 

Section  6,  Act  of  May  3,  1909,  P.  L.  401. 

Section  14.  When  said  report  is  filed,  notice  thereof  shall  be  given 
wiihin  ten  days  by  publication  once,  in  a  newspaper  published  in 
such  borough  or  township,  if  any;  otherwise  in  a  newspaper  pub- 
lished in  the  county-seat  of  such  county.  Said  notice  shall  state 
the  date  of  filing  the  report,  and  shall  contain  a  schedule  of  the 
damages  shown  therein,  and  shall  further  state  that,  unless  excep- 
tions are  filed  within  thirty  days  from  the  date  of  filing,  the  said 
report  will  be  confirmed  absolutely. 

Section  7,  Act  of  May  3,  1909,  P.  L.  401. 

Section  15.  Upon  the  report  of  said  viewers  being  filed  in  said 
court,  any  party  may,  within  thirty  days  thereafter,  file  exceptions 
to  the  same;  and  the  court  shall  have  power  to  confirm  said  report, 
or  to  modify,  change,  or  otherwise  correct  the  same,  or  refer  the 
same  back  to  the  same  or  new  viewers,  with  like  power  as  to  their 
report. 

Part  of  Section  8,  Act  of  May  3,  1909,  P.  L.  401. 

Section  16.  When  said  report  is  first  filed  in  court,  the  prothono- 
tary  shall  mark  the  same  confirmed  nisi,  and  in  case  no  exceptions 
are  filed  thereto,  within  said  thirty  days,  he  shall  enter  a  decree  (as 
of  course)  that  the  said  report  is  confirmed  absolutely. 

Part  of  Section  8,  Act  of  May  3,  1909,  P.  L.  401. 

Section  17.  If  exceptions  are  filed  which  affect  the  entire  report, 
the  same  shall  not  be  confirmed  absolutely  as  to  any  part  thereof 
until  the  said  exceptions  have  been  finally  disposed  of  by  the  court; 
but  when  exceptions  are  filed  that  only  go  to  or  affect  some  particu- 
lar assessment  of  damages,  and  which  in  the  consideration  and  final 

12— C  175 


disposal  thereof  will  not  affect  the  assessments^  made  in  favor  of 
other  parties,  in  such  case,  and  in  cases  where  an}'  appeal  or  ap- 
peals may  have  been  taken  to  the  court  of  common  pleas,  with  de- 
mand for  trial  by  jury,  by  less  than  all  of  the  parties  having  a  right 
to  take  such  appeals,  the  court  may  confirm  all  such  assessments 
as  to  which  no  exceptions  have  been  filed  or  appeal  taken. 

Part  of  Section  8,  Act  of  May  3,  1909,  P.  L.  401. 

Section  18.  Within  thirty  days  from  the  filing  of  any  report  in 
court,  any  party  whose  property  is  so  taken,  used,  or  appropriated 
may  appeal  to  the  court  of  common  pleas,  and  demand  a  trial  by 
jury;  and  in  case  the  party  appellant  does  not  obtain  a  verdict  more 
favorable  than  was  the  final  report  of  viewers  the  said  appellant 
shall  not  recover  any  costs  on  the  appeal. 

Section  9,  Act  of  May  3,  1909,  P.  L.  401. 

i 

Section  19.  The  final  confirmation  of  the  report  of  the  viewers 
shall  operate  as  a  judgment  against  the  borough,  in  favor  of  the 
parties  to  whom  damages  have  been  awarded  by  the  report,  or  by 
so  much  of  the  report  as  is  so  confirmed  for  the  amount  of  such  dam- 
ages, with  interest  from  the  date  of  filing  the  report. 

Part  of  Section  10,  Act  of  May  3,  1909,  P.  L.  401. 

Section  20.  From  the  confirmation  of  the  viewers'  report,  and  from 
the  final  judgment  on  the  verdict  in  cases  of  trial  by  jury,  either  party 
may  have  an  appeal  to  the  superior  court  or  supreme  court,  as  in 
other  cases. 

Part  of  Section  10,  Act  of  May  3, 1909,  P.  L.  401. 

Section  21.  The  powers  and  duties  of  the  said  viewers  may  be 
exercised  and  performed  by  any  two  of  them.  They  shall  have  power 
to  administer  oaths,  and  to  adjourn  their  hearings  from  day  to  day 
as  they  may  find  necessary.  The  notices  required  to  be  given  by  the 
viewers  may  be  served  by  any  one  authorized  by  them  to  make  such 
service.  The  said  court  of  common  pleas  shall  have  pfcwer  to  order 
what  notices  shall  be  given  in  connection  with  any  part  of  said  pro- 
ceedings, and  make  all  and  such  orders  as  it  may  deem  requisite,  and 
may,  by  rule  or  otherwise,  prescribe  the  form  of  the  pleadings.  The 
viewers  provided  for  in  the  foregoing  sections  may  be  appointed  be- 
fore or  at  any  time  after  the  entry  upon,  taking,  or  appropriation  of 
any  property  under  this  act. 

The  costs  incurred  in  the  proceedings  aforesaid  shall  be  defrayed 
by  such  township  or  borough;  and  each  of  said  viewers  shall  be  en- 
titled to  a  sum  not  exceeding  five  dollars  per  day,  or  such  sum  as 


176 


shall  be  decided  upon  by  the  proper  court,  not  exceeding  five  dollars 
per  day,  for  every  day  necessarily  employed  in  performance  of  the 
duties  herein  prescribed. 

Section  11,  Act  of  May  X,  11)09,  P.  L.  401. 

Section  22.  In  case  any  borough  shall  repeal  any  ordinance  passed, 
or  discontinue  any  proceeding  taken,  providing  for  the  taking  and 
appropriation  of  any  property  for  the  purposes  aforesaid,  prior  to 
the  entry  upon  and  taking  of,  or  injury  to,  such  property,  and  within 
thirty  days  after  the  filing  of  the  report  of  viewers  assessing  dam- 
ages, the  said  borough  shall  not  thereafter  be  liable  to  pay  any  dam- 
ages which  have  been  or  might  have  been  assessed;  but  all  costs  upon 
any  proceeding  had  thereon  shall  be  paid  by  such  borough,  together 
with  any  actual  damage,  loss,  or  injury  sustained  by  reason  of  such 
proceedings. 

Section  1.2,  Act  of  May  3,  1900,  P.  L.  401. 

Section  23.  Wherever  prior  to  the  first  day  of  June,  one  thousand 
nine  hundred  and  eleven,  any  borough  has  acquired  any  land  outside 
of  the  limits  of  such  borough,  for  park  purposes,  such  borough  shall 
have  power  to  own  and  possess  such  land  for  park  purposes,  and  to 
lay  out  and  maintain  same,  and  to  appropriate  money  for  the  laying 
out  and  maintenance  of  same. 

Section  1,  Act  of  June  1,  1911,  P.  L.  544. 

Section  24.'  Every  borough  shall  have  a  general  plan  of  its  parks 
and  playgrounds,  which  plan  shall  be  filed  in  the  office  of  the  engi- 
neer or  other  proper  office  of  the  borough,  and  all  subdivisions  of  prop- 
erty thereafter  made,  shall  conform  thereto.  The  location  of  parks  or 
playgrounds,,  laid  out  and  confirmed  by  authority  of  councils,  shall 
not  afterwards  be  altered  without  the  consent  of  councils;  and  no 
map  or  plot  of  parks  or  playgrounds,  shall  be  entered  or  recorded  in 
any  public  office  of  the  county  in  which  said  borough  is  situated  until 
approved  by  councils. 

Part  of  Section  1,  Act  of  July  22,  1913,  P.  L.  902,  amending 
Section  12,  Act  of  May  16,  1891,  P.  L.  75. 

Section  25.  No  person  shall  hereafter  be  entitled  to  recover  any 
damages  for  the  taking  for  public  use  of  any  buildings  or  improve- 
ments of  any  kind  which  may  be  placed  or  constructed  upon  or  within 
the  lines  of  any  located  park  or  playground,  after  the  same  shall  have 
been  located  or  ordained  by  councils. 

Part  of  Section  1,  Act  of  July  22,  1913,  P.  L.  902,  amending 
Section  12,  Act  of  May  16,  1891,  P.  L.  75. 


177 


CHAPTER  IX. 


PARKS— SHADE  TREES— FORESTS. 


ARTICLE  II. 


SHADE  TREES. 
(a)  ESTABLISHMENT  OF  SHADE  TREE  COMMISSION. 

Section  1.  In  boroughs  of  the  Commonwealth  of  Pennsylvania  there 
may  be  appointed,  in  the  manner  hereinafter  provided,  a  Commis- 
sion of  three  freeholders,  to  be  known  and  designated  as  the  Shade- 
Tree  Commission  of  the  said  borough,  who  shall  serve  without  com- 
pensation, and  who  shall  have  exclusive  and  absolute  custody  and  con- 
trol of,  and  power  to  plant,  set  out,  remove,  maintain,  protect,  and 
care  for,  shade-trees,  on  any  of  the  public  highways  of  the  boroughs, 
the  cost  thereof  to  be  provided  for  in  the  manner  hereinafter  stated: 
Provided,  That  in  boroughs,  in  which  a  commission  for  the  care  of 
public  parks  shall  have  been  created,  said  commission  shall,  upon- the 
acceptance  of  this  article,  as  provided  in  section  two,  be  charged  with 
the  duties  of  the  commission  as  above  provided,  and  shall,  for  that 
purpose,  be  possessed  of  all  the  powers  herein  mentioned  and  granted. 

Section  1,  Act  of  May  31,  1907,  P.  L.  349. 

Section  2.  The  councils  of  any  borough  may,  accept  the  provisions 
of  this  article  relative  to  shade  tree  commissions,  and  when  such 
shade-tree  commissioners  are  appointed,  or,  in  their  stead,  the  duties 
and  powers  herein  provided  have  been  devolved  upon  an  existing 
park  commission,  then,  from  that  time  and  in  that  event,  so  much  of 
this  article  as  relates  to  the  subject  of  shade  tree  commissions,  shall 
be  in  full  force  and  application  in  such  borough,  so  accepting;  and 
such  commissioners  shall  be  appointed,  for  terms  of  three,  four,  and 
five  years,  respectively,  and,  on  the  expiration  of  any  term,  the  new 
appointment  shall  be  for  five  years,  and  any  vacancies  shall  be  filled 
for  the  unexpired  term  only;  and  the  said  appointment  shall  be 
made  by  the  chief  burgess. 

Part  of  Section  2,  Act  of  May  31,  1907,  P.  L.  349. 

Section  2.  The  shade  tree  commission  shall,  twice  in  every  year, 
report  in  full  its  transactions  and  expenditures  for  the  borough  fiscal 
year  then  last  ended,  to  the  authority  under  and  by  which  it  was 


178 


appointed:  Provided,  That  an  existing  park  commission,  acting 
under  this  enactment,  may  embody  its  report  in  its  regular  report 
to  the  councils,  as  by  law  or  ordinance  provided. 

Part  of  Section  2,  Act  of  May  31,  1907,  P.  L.  349. 

Section  4.  When  such  shade  tree  commissioners,  or  park  commis- 
sioners so  acting,  shall  propose, the  setting  out  or  planting  or  re- 
moving of  any  shade  trees,  or  the  material  changing  of  the  same  in 
any  highway,  they  shall  give  public  notice  of  the  time  and  place  ap- 
pointed for  the  meeting  at  which  such  contemplated  work  is  to  be 
considered,  specifying  in  detail  the  highways,  or  portion  thereof, 
upon  which  trees  are  proposed  to  be  planted,  removed,  or  changed, 
in  one  or  more — not  exceeding  two  in  all — of  the  newspapers  pub- 
lished in  said  borough,  once  each  week  for  at  least  two  weeks,  prior 
to  the  date  of  said  meeting. 

Section  3,  Act  of  May  31,  1907,  P.  L.  349. 

Section  5.  The  cost  of  planting,  transplanting,  or  removing  any 
trees  in  any  highway,  and  of  suitable  guards,  curbing,  or  grating 
for  the  protection  thereof,  when  necessary,  and  of  the  proper  replac- 
ing of  any  pavement  or  sidewalk  necessarily  disturbed  in  the  doing 
of  such  work,  shall  be  borne  by  the  owner  of  the  real  estate  in  front 
of  which  such  trees  are  planted,  set  out,  or  removed;  and  the  cost 
thereof  as  to  each  tract  of  real  estate  shall  be  certified  by  the  com- 
missioners to  the  presidents  of  the  councils  and  also  to  the  person 
having  charge  of  the  collection  of  taxes  for  the  said  borough;  and 
upon  the  filing  of  said  certificates,  the  amount  of  the  cost  of  such 
improvement,  of  which  notice  shall  also  be  given  to  each  property 
owner  involved,  accompanied  with  a  copy  of  the  aforesaid  certifi- 
cate, together  with  a  notice  of  the  time  and  place  for  payment,  shall 
be  and  become  a  lien  upon  said  real  estate,  in  front  of  which  said 
trees  have  been  planted,  set  out,  or  removed;  said  lien  to  be  col- 
lectible, if  not  paid  in  accordance  with  notice  as  herein  provided, 
in  the  same  manner  as  other  liens  for  taxes  are  now  collectible 
against  the  property  involved. 

Section  4,  Act  of  May  31,  1907,  P.  L.  349. 

Section  6.  The  cost  and  expense  of  caring  for  said  trees  after 
having  been  planted  or  set  out,  and  the  expense  of  publishing  the 
notices  provided  for  in  section  four  shall  be  borne  and  paid  by  the 
borough.  The  needed  amount  shall  each  year,  in  due  time,  be  cer- 
tified by  the  shade  tree  commissioners  to  the  proper  authorities 
charged  with  the  assessment  of  taxes  in  said  boroughs,  and  shall  be 
drawn  against  as  required  by  said  commissioners,  in  the  same  man- 
ner as  moneys  appropriated  for  borough  purposes,  are  now  drawn 
against  in  said  boroughs:  Provided,  That  the  councils  of  any  bor- 

179 


ougk  accepting  the  provisions  of  this  article  may  provide  for  the 
expense  of  the  maintenance  of  trees  on  highways,  in  accordance  with 
the  provisions  of  this  section  by  actual  appropriation,  equal  to  the 
amount  certified  to  be  required  by  the  said  Commission,  in  lieu  of 
the  specific  assessment  above  authorized. 

Section  5,  Act  of  May  31,  1907,  P.  L.  349. 

Section  7.  The  commission,  under  which  the  provisions  of  this 
article  shall  be  carried  out,  shall  have  power  to  employ  and  pay 
such  superintendents,  engineers,  foresters,  treewardens,  or  other  as- 
sistants, as  the  proper  performance  of  the  duties  devolving  upon  it 
shall  require;  and  to  make,  publish  and  enforce  regulations  for  the 
care  of,  and  to  prevent  injury  to,  the  trees  on  the  highways  of  any 
borough,  accepting  the  provisions  of  this  article,  and  to  assess  suit- 
able fines  and  penalties  for  violations  of  this  article,  provided  such 
regulations  shall  have  been  published  at  least  twice  in  one  or  more, 
not  exceeding  two,  newspapers  of  the  borough  involved,  after  having 
been  submitted  to  and  being  approved  by  the  councils  of  the  bor- 
ough affected ;  and  such  fines  and  penalties,  so  assessed  for  viola- 
tions of  this  article,  shall  become  liens  upon  the  real  property  of 
the  offender,  and  be  collectible  by  the  constituted  authorities  as 
liens  for  taxes  upon  real  property  are  now  collected. 

'Section  6,  Act  of  May  31,  1907,  P.  L.  349. 

Section  8.  All  the  moneys  due  and  collected  from  fines  or  penal- 
ties or  assessments,  in  consequence  of  the  acts  of  said  shade  tree  com- 
mission in  enforcing  this  article  shall  be  paid  to  the  treasurers  of 
the  boroughs,  accepting  its  provisions,  and  shall  be  placed  to  the 
credit  of  said  commission,  subject  to  be  drawn  upon  by  the  said 
commission  for  the  purposes  of  this  act. 

Section  7,  Act  of  May  31,  1907,  P.  L.  349. 

Section  9.  The  foregoing  provisions  of  this  article  shall  not  be 
and  become  binding  upon  any  borough  until  it  has  been  duly  ac- 
cepted, as  provided  in  section  two. 

Section  9,  Act  of  May  31,  1907.  P.  L.  349. 

(b)  POWER  OF  BOROUGHS  WITH  REGARD  TO  SHADE- 
TREES. 

Section  10.  The  burgess  and  council  of  any  borough  of  this  Com- 
monwealth, upon  the  petition  of  a  majority  of  the  property  owners 
upon  any  public  street  thereof,  may  by  ordinance  require  the  plant- 
ing and  replanting  of  suitable  shade-trees  along  and  upon  either  side 
of  any  such  street,  upon  such  alignment  and  at  such  points  as  may 
by  such  ordinance  be  designated,  by  the  owner  or  owners  of  prop- 
erty abutting  the  street  at  the  points  designated;  and  on  failure  of 

180 


su< 

r 

frc 


any  such  owner  or  owners  after  reasonable  notice,  to  comply  with 
the  terras  of  any  such  ordinances,   the  said  authorities  may  cause 

uch  trees  to  be  planted  or  replanted  at  the  expense  of  the  borough; 
d  thereupon,  in  the  name  of  the  borough,   collect  such  expense 

rom  the  owner  or  owners  in  default,  as  debts  of  like  amount  are  by 
law  collectible:  Provided,  That  the  said  authorities  shall,  not  re- 
quire the  planting  or  replanting  of  trees  at  any  point  or  points 
which  may  interfere  with  the  necessary  or  reasonable  use  of  any 
si  root  or  abutting  property,  or  interfere  unreasonably  with  any 
business  thereon  conducted. 

Section  1,  Act  of  June  17,  1901,  P.  L.  569,  No.  275. 


CHAPTER  IX. 


PARKS,  SHADE  TREES,  FORESTS. 


ARTICLE  III. 


FORESTS. 

Section  1.  The  boroughs  of  this  Commonwealth  are  hereby  em- 
powered to  acquire,  by  purchase,  gift,  or  lease,  and  hold  as  the 
property  of  the  borough,  tracts  of  land  at  present  covered  with 
forest  or  tree  growth,  or  suitable  for  the  growth  of  trees,  and  to  ad- 
minister the  same,  under  the  direction  of  the  Commissioner  of  For- 
es try  of  the  Commonwealth  of  Pennsylvania  in  accordance  with  the 
practices  and  prinicples  of  scientific  forestry,  for  the  benefit  and 
advantage  of  the  said  borough.  Such  tracts  may  be  of  any  size  suit- 
able for  the  purpose,  and  may  be  located  either  within,  adjacent  to, 
or  at  a  distance  from  the  corporate  limits  of  the  borough,  purchas- 
ing the  same. 

Part  of  Section  1,  Act  of  April  22,  1909,  P.  L.  124. 

Section  2.  It  shall  be  requisite  for  the  burgess,  of  amy  borough, 
availing  itself  of  the  provisions  of  this  article,  to  submit  to  the 
Commissioner  of  Forestry,  and  secure  his  approval  of,  the  area  and 
location  of  any  lands  proposed  to  be  acquired  for  the  purposes  of 
municipal  forests,  previous  to  the  passage  of  the  ordinance  provided 
for  in  section  three. 

Part  of  Section  1 ,  Act  of  April  22,  1909,  P.  L.  124. 

Section  3.  Whenever  the  councils  of  any  borough  shall  deem  it 
expedient  for  the  borough  to  acquire  any  such  lands  for  the  purposes 
of  a  municipal  forest,  they  shall  so  declare  in  an  ordinance,  wherein 

181 


shall  be  set  forth  all  facts  and  conditions  relating  to  the  proposed 
action;  which  said  proposed  ordinance,  prior  to  its  passage,  shall 
be  duly  advertised  once  a  week  for  three  weeks,  and,  after  its  passage 
and  approval,  in  accordance  with  existing  law. 

Part  of  Section  2,  Act  of  April  22,  1909,  P.  L.  124. 

Section  4.  All  money  necessary  for  the  purchase  of  such  tracts 
shall  be  appropriated  in  like  manner  as  is  now  done,  under  existing 
law,  for  municipal  purposes;  and  such  funds  may  be  provided  out 
of  current  revenue,  or  by  the  proceeds  of  a  sale  of  bonds,  in  accord- 
ance with  existing  law. 

Part  of  Section  2,  Act  of  April  22,  1909,  P.  L.  124. 

Section  5.  Upon  the  acquisition  of  any  municipal  forests  or  of 
lands  suitable  for  such,  under  this  article,  the  proper  authorities 
shall  notify  the  Commissioner  of  Forestry,  who  shall  make  such  rules 
for  the  government  and  proper  administration  of  the  same  as  may 
be  necessary.  The  municipal  authorities  shall  thereupon  publish 
such  rules,  declare  the  uses  of  the  forest  in  accord  with  the  true  in- 
tent of  this  article,  and  make  such  provision  for  its  administration, 
maintenance,  protection,  and  development  as  shall  be  necessary  or 
expedient. 

Section  3,  Act  of  April  22,  1909,  P.  L.  124. 

Section  6.  All  moneys  necessary  to  be  expended,  from  time  to 
time,  for  the  administration,  maintenance,  protection,  and  develop- 
ment of  said  forest,  shall  be  appropriated  and  applied  as  is  now 
done,  under  existing  law,  for  municipal  purposes;  and  all  revenue  and 
emoluments  arising  from  said  forest  shall  be  paid  into  the  munici- 
pal treasury,  to  be  used  for  general  municipal  purposes. 

Section  4,  Act  of  April  22,  1909,  P.  L.  124. 

Section  7.     The  municipal  forest  may  be  used  by  the  people  for 

general  outing  or  recreation  grounds,  subject  to  the  rules  governing 

its  administration  for  the  purpose  of  a  municipal  forest,  in  which 

'the  major  idea  shall  be  the  sale  of  forest  products  for  producing  a 

continuing  municipal  revenue. 

Section  5,  Act  of  April  22,  1909,  P.  L.  124. 

Section  8.  The  alienation  of  a  municipal  forest,  or  any  part 
thereof,  shall  be  made  only  in  the  manner  prescribed  herein  for  the 
purchase  of  the  same:  to  wit,  by  ordinance  duly  advertised  before 
and  after  passage,  but  such  ordinance  shall  not  be  effective  in  legaliz- 
ing such  alienation  until  after  it  shall  have  been  approved  by  a  ma- 
jority vote  of  the  people  at  the  next  ensuing  election. 

Section  6,  Act  of  April  22,  1909,  P.  L.  124. 

182 


CHAPTER  X. 


LIBRARIES. 


ARTICLE  I. 


Hi)     POWER   TO    ESTABLISH    AND    MAINTAIN   PUBLIC 

LIBRARIES. 

Section  1.  The  borough  council  may  submit  to  the  qualified  vot- 
ers of  the  borough,  at  any  regular  municipal  election,  the  question 
of  the  establishment  and  maintenance  of  a  public  library  in  the  bor- 
ough, and  must  submit  the  question,  if  petitioned  for  by  at  least 
ih  roe  per  centum  of  the  voters  registered  at  the  last  annual  elec- 
tion. At  said  first  mentioned  election  the  question  of  establishing 
said  public  library  and  the  rate  of  the  annual  tax,  not  exceeding  two 
mills  on  the  dollar  on  all  the  taxable  property  in  the  borough,  shall 
be  submitted  and  voted  upon.  A  majority  of  the  votes  cast  on  the 
question  shall  decide. 

Section  1,  Act  of  June  17,  1901,  P.  L.  569.     No.  276. 

Section  2.  The  rate  of  tax  so  voted  shall  be  an  annual  tax  rate  un- 
til another  popular  vote  is  taken  changing  the  same.  The  tax  shall 
be  levied  and  collected  in  like  manner  with  the  other  taxes  in  the 
borough,  and  shall  be  in  addition  to  all  other  taxes,  and  shajl  be 
used  for  no  other  purpose  than  that  of  establishing  and  maintaining 
n  public  library.  The  money  so  raised  shall  be  under  the  exclusive 
control  of  a  board  of  library  directors  appointed  as  hereinafter  pro- 
vided. 

Section  2,  Act  of  June  17,  1901,  P.  L.  569.    No.  276. 

Section  3.  If  five  per  centum  of  the  registered  voters  of  any  bor- 
ough shall  petition  council  to  submit  the  question  of  creating  a 
bonded  indebtedness,  for  purchasing  ground  and  erecting  buildings 
for  public  library  purposes,  council  must  submit  the  question  to  be 
voted  upon  at  the  next  annual  election  in  the  same  manner  as  here- 
inbefore provided. 

Section  3,  Act  of  June  17,  1901,  P.  L.  569.    No.  276. 

Section  4.  The  affairs  of  a  public  library  shall  be  under  the  di- 
rection and  control  of  a  board  of  directors,  of  not  less  than  five  or 
more  than  nine,  as  determined  by  council.  They  shall  be  appointed 


183 


from  the  citizens  at  large  by  the  burgess  and  confirmed  by  council. 
The  first  appointees  shall  be  appointed,  one-third  for  one  year,  one- 
third  for  two  years,  and  one-third  for  three  years.  The  superintend- 
ent of  schools  of  the  borough  shall  be  ex-officio  members  of  the 
board.  The  terms  of  office  of  the  members  of  the  board  appointed 
by  the  burgess  shall  be  for  three  years.  The  board  shall  be  organized 
by  the  election  of  a  president  and  treasurer  from  its  membership, 
and  such  other  officers  and  agents  as  the  board  may  deem  necessary. 
The  treasurer  shall  be  required  to  give  bonds. 

Section  4,  Act  of  June  17,  1901,  P.  L.  569.    No.  270. 

Section  5.  Every  library  or  reading  room  established  under  this 
article  shall  be  forever  free  to  the  use  of  the  inhabitants  of  said 
borough  where  located,  always  subject  to  such  reasonable  rules  and 
regulations  as  the  board,  having  the  library  in  charge,  may  adopt 
in  order  to  render  the  use  of  said  library  and  reading  room  of  the 
greatest  benefit  to  the  greatest  number,  and  said  board  may  exclude 
from  the  use  of  said  library  and  reading  room  any  and  all  persons 
who  shall  wilfully  violate  such  rules.  And  said  board  may  extend  the 
privileges  and  use  of  such  library  and  reading  room  to  persons  resid- 
ing outside  of  such  borough,  upon  such  terms  and  conditions  as 
said  board  may,  from  time  to  time,  by  its  regulations  prescribe. 

Section  5,  Act  of  June  17,  1901,  P.  L.  569.    No.  276. 

Section  6.  Said  board  shall  make  an  annual  report  to  the  coun- 
cil of  such  borough,  covering  the  fiscal  year  of  such  borough;  stat- 
ing the  condition  of  the  library  and  of  the  branch  or  branches,  if 
any;  the  various  sums  of  money  received  from  the  library  tax  and 
from 'other  sources;  and  how  such  moneys  have  been  expended,  and 
for  what  purposes;  the  number  of  books  and  periodicals  on  hand; 
the  number  added  by  purchase,  gift  or  otherwise  during  the  year; 
the  number  of  registered  readers,  the  number  of  books  loaned  out, 
and  the  general  character  and  kind  of  such  books;  with  such  other 
statistics,  information  and  suggestion  as  they  may  deem  of  general 
interest. 

Section  6,  Act  of  June  17,  1901,  P.  L.  569.    No.  276. 

Section  7.  The  councils  of  said  boroughs  have  power  to  pass  ordi- 
nances imposing  suitable  penalties  for  the  punishment  of  persons 
committing  injury  to  such  library,  or  to  the  grounds  or  other  prop- 
erty thereof,  or  for  injuring  or  failing  to  return,  at  the  time  and  in 
the  manner  specified  in  the  rules  of  said  library,  any  books  belonging 
to  the  same. 

Section  7,  Act  of  June  17,  1901,  P.  L.  569.    No.  276. 


184 


Section  8.  Any  person  desiring  to  make  donations  of  books, 
money,  personal  property  or  real  estate  for  the  benefit  of  such  library, 
shall  have  the  right  to  vest  the  title  to  such  books,  money  or  real 
estate,  so  donated,  in  the  board  duly  constituted  for  the  management 
of  such  library;  to  be  held  and  controlled  by  such  board,  when  ac- 
cepted, according  to  the  terms  of  the  deed,  gift,  devise  or  bequest  of 
such  property,  and  as  to  such  property  the  board  shall  be  held  and 
considered  to  be  trustees. 

Section  8,  Act  of  June  17,  1901,  P.  L.  569.    No.  276. 

Section  9.  The  foregoing  provisions  of  this  article  shall  not  ap- 
ply to  any  borough  wherein  a  free  library  has  been  heretofore  estab- 
lished. 

'Section  9,  Act  of  June  17,  1901,  P.  L.  569.     No.  276. 

(b)     POWER  TO  PURCHASE  OR  CONDEMN  REAL  ESTATE. 

Section  10.  It  shall  be  lawful  for,  and  the  right  is  hereby  con- 
ferred upon  borough  councils  to  purchase,  acquire,  enter  upon,  take, 
use  and  appropriate  private  property  for  the  purpose  of  using,  en- 
larging or  extending  grounds  now  used  or  which  shall  hereafter  be 
used  for  public  library  purposes,  within  the  corporate  limits  thereof, 
by  ordinance  or  resolution  as  may  be  determined  thereon. 

Section  1,  Act  of  May  11,  1901,  P.  L.  169.    No.  136. 

Section  11.  Whenever  any  borough  council  in  the  exercise  of  the 
right  so  conferred,  has  acquired,  taken,  used  or  appropriated,  or 
shall  hereafter  acquire,  take,  use  and  appropriate,  private  property 
for  public  library  purposes,  and  said  borough  council  cannot  agree 
with  the  owner  or  owners  thereof,  lessee  or  lessees  of  such  private 
property,  upon  the  compensation  for  the  property  and  damages  done, 
or  when  by  reason  of  the  absence  or  legal  incapacity  of  any  such 
owner  or  owners,  lessee  or  lessees,  no  such  compensation  can  be 
agreed  upon;  the  court  of  common  pleas- of  the  proper  county,  or 
any  judge  thereof  in  vacation,  on  application  thereto  by  petition  by 
said  borough  council,  or  such  owner,  lessee  or  any  person  interested, 
shall  appoint  three  discreet,  disinterested  citizens  of  said  county  as 
viewers,  to  view  and  ascertain  the  damages  done  by  reason  of  such 
taking,  use,  appropriation,  occupancy  or  injury,  and  shall  appoint 
a  time,  not  less  than  twenty  nor  more  than  sixty  days  thereafter,  for 
said  viewers  to  meet  at  or  upon  the  premises  where  the  damages  are 
alleged  to  be  sustained  or  the  property  taken,  of  which  time  and  place 
ten  days'  notice  shall  be  given  by  the  petitioner  to  said  viewers  and 
all  parties  interested,  by  personal  service,  when  such  service  can  be 


185 


obtained,  otherwise  by  public  notice  in  one  or  more  newspapers,  or 
by  handbills  posted  on  the  premises,  or  in  such  othe*r  manner  as  said 
court  may  direct. 

Section  2,  Act  of  May  11,  1001,  P.  L.  169.    No.  136. 

Section  12.  The  viewers,  or  any  two  of  them,  having  been  duly 
sworn  or  affirmed  faithfully,  justly  and  impartially  to  decide  and  a 
true  report  make  concerning  all  matters  and  things  to  be  submitted 
to  them,  and  in  relation  to  which  they  are  authorized  to  enquire 
into  in  pursuance  of  the  provisions  of  section  ten  of  this  article 
and  having  viewed  the  premises  or  examined  the  property,  shall  es- 
timate and  determine  the  quantity,  quality  and  value  of  the  land 
or  property  so  entered  upon,  used,  appropriated  or  injured,  as  the 
case  may  be;  and  having  a  due  regard  to,  and  making  a  just  allow- 
ance for,  the  advantages  which  may  have  resulted  or  which  may 
seem  likely  to  result  to  the  owner  or  owners  of  said  land  or  property, 
in  consequence  of  the  taking,  enlarging  or  extending  of  such  public 
library  grounds,  and  after  having  made  a  fair  and  just  comparison 
of  said  disadvantages  and  advantages  to  which  the  owner  or  owners 
may  receive  to  any  nearby  property,  they  shall  estimate  and  deter- 
mine whether  any,  and  if  any,  what  amount  of  damages  has  been 
or  may  be  sustained,  and  to  whom  payable,  and  make  report  thereof 
to  said  court. 

Part  of  Section  3,  Act  of  May  11,  1901,  P.  L.  169.     No.  136. 

Section  13.  If  any  damages  be  awarded,  and  the  report  of  said 
viewers  be  confirmed  by  said  court,  judgment  shall  be  entered  there- 
on; and  if  the  amount  thereof  be  not  paid  within  sixty  days  after 
the  entry  of  such  judgment,  then  judgment  shall  be  collected  by  due 
legal  process,  as  other  judgments  are  collected  from  borough  councils. 

Part  of  Section  3,  Act  of  May  11,  1901,  P.  L.  169.    No.  136. 

Section  14.  Upon  the  report  of  said  viewers  or  any  two  of  them, 
any  party  interested  may,  within  twenty  days  thereafter,  file  an  ap- 
peal from  said  report  to  said  court,  in  writing,  and  accompanied 
with  an  affidavit  that  the  same  is  not  taken  for  the  purpose  of  delay, 
but  because  the  affiant  firmly  believes  that  injustice  has  been  done; 
and  after  such  appeal,  either  party  may  put  the  cause  at  issue,  in 
the  form  directed  by  said  court,  and  the  same  shall  be  tried  by  said 
court  and  a  jury,  and  after  final  judgment,  either  party  may  ap- 
peal to  the  Superior  or  Supreme  Court,  under  the  provisions  and 
in  the  manner  prescribed  in  other  cases. 

Part  of  Section  4,  Act  of  May  11,  1901,  P.  L.  169.    No.  136. 


186 


Section  15.  The  said  court  of  common  pleas  shall  have  power  to 
order  what  notices  shall  be  given  in  connection  with  any  of  the  pro- 
ceedings, and  may  make  all  such  orders  as  it  may  deem  requisite. 

Part  of  Section  4,  Act  of  May  11,  1901,  P.  L.  169,  No.  136. 

Section  16.  The  costs  incurred  in  the  proceedings  shall  be  de- 
frayed by  said  borough  council,  and  each  of  the  viewers  shall  be 
entitled  to  receive  a  sum  not  exceeding  live  dollars  per  day;  or  such 
compensation  as  the  said  court  shall  decided  upon,  not  exceeding 
five  dollars  per  day,  for  every  day  necessarily  employed  in  the  per- 
formance of  their  duties. 

Part  of  Section  4,  Act  of  May  11,  1901,  P.  L.  169.    No.  136. 

(c)     POWER  TO  CONTRACT  FOR  THE  USE  OF  PUBLIC 

LIBRARIES. 

Section  17.  For  the  purpose  of  establishing  and  maintaining  free 
public  libraries  in  the  boroughs  of  this  Commonwealth,  authority 
is  hereby  given  to  the  town  councils  of  the  boroughs  of  this  State 
to  contract  with  the  duly  constituted  managers,  or  the  owners  or 
owner,  of  any  existing  non-sectarian  public  library,  for  a  certain 
fixed  sum  of  money,  to  be  paid  annually,  at  such  periods  as  may  be 
agreed  upon,  for  the  free  use  of  such  public  library  by  the  residents 
within  any  of  the  said  boroughs,  for  such  period,  not  exceeding  three 
years  from  the  date  of  contract,  as  may  be  agreed  upon  by  and  be- 
tween such  town  councils  and  such  managers  or  owners. 

Section  1,  Act  of  April  22,  1905,  P.  L.  281.    No.  191. 

Section  18.  That  such  town  councils  may  appropriate  annually 
from  the  taxes  levied  and  collected  for  borough  purposes,  for  the 
hiring  and  procuring  of  the  free  use  as  aforesaid  of  such  libraries, 
not  to  exceed  the  amount  of  one  mill  on  a  dollar  on  all  taxable  prop- 
erty in  such  boroughs. 

Section  2,  Act  of  April  22,  1905,  P.  L.  281.     No.  191. 

(d)  POWER  TO  MAKE  APPROPRIATIONS. 
Section  19.  For  the  purpose  of  establishing  and  maintaining  free 
publip  libraries  on  a  permanent  basis  throughout  the  Common- 
wealth, authority  is  hereby  given  to  the  town  councils  of  the  bor- 
oughs of  this  State  to  make  appropriation  or  appropriations  for  or 
in  aid  of  the  establishment  or  maintenance,  or  either,  of  a  free  pub- 
lic library  or  libraries  now  incorporated,  or  that  may  hereafter  be 
incorporated,  for  the  use  of  the  residents  within  any  of  the  said  bor- 
oughs, upon  condition  that  the  municipal  authorities  shall  be  rep- 
resented to  the  satisfaction  of  said  councils  m  the  management  of 
such  library  or  libraries. 

Section  1,  Act  of  May  25,  1897,  P.  L.  84. 

187 


Section  20.  That  said  councils  may  appropriate  annually  from  the 
taxes  levied  and  collected  for  borough  purposes  for  the  establish- 
ment and  maintenance  of  such  library  or  libraries,  not  to  exceed  one 
mill  on  a  dollar  on  all  taxable  property  in  such  boroughs. 

Section  2,  Act  of  May  25,  1897,  P.  L.  84. 

Section  21.  All  taxes  on  dogs,  levied  and  collected  under  this  act 
for  borough  purposes  within  this  Commonwealth  may  be  appropri- 
ated for  the  support  and  maintenance  of  public  libraries  now  or- 
ganized, or  that  may  hereafter  be  organized,  in  said  borough  re- 
spectively: Provided,  That  such  library  companies  shall  provide 
and  maintain  a  free  reading-room  for  the  use  of  all  the  inhabitants 
of  such  boroughs:  Provided  further,  That  this  section  shall  not 
apply  to  any  borough  until  such  public  library  has  been  established. 
Section  1,  Act  of  May  23,  1887,  P.  L.  164.  No.  92. 


CHAPTER  XI. 


BURIAL  GROUNDS. 


ARTICLE  I. 

Section  1.  Boroughs  shall  have  power  to  prohibit  within  the  bor- 
ough the  burial  or  interment  of  deceased  persons,  or  within  such 
partial  limits  within  the  same  as  they  may  from  time  to  time  pre- 
scribe, and  to  regulate  the  depth  of  graves. 

Section  2,  Clause  16,  Act  of  April  3,  1851,  P.  L.  320. 

Section  2.  When  the  title,  control,  and  management  of  any  burial 
ground  in  this  Commonwealth  is  vested,  by  deed,  dedication,  or 
otherwise,  in  a  borough,  it  shall  be  lawful  for  the  council  of  such 
borough,  upon  the  petition  of  ten  lot  owners  in  said  burial  ground, 
to  transfer  said  burial  ground,  and  the  control  of  the  management 
thereof,  to  an  incorporated  cemetery  company. 

Section  1,  Act  of  April  23,  1909,  P.  L.  155,  No.  107. 

Section  3.  Upon  the  presentation  to  said  council  of  the  petition 
of  ten  lot  owners,  the  council  of  said  borough  may  pass  an  ordinance 
declaring,  that  upon  the  acceptance  of  the  provisions  of  said  ordi- 
nance by  the  incorporated  cemetery  company,  to  whom  the  transfer 


188 


is  requested  by  said  petition,  in  writing,  filed  with  the  borough  clerk, 
ilie  title,  management,  and  control  shall  thereupon  vest  in  said  in- 
corporated cemetery  company. 

Section  2,  Act  of  April  23,  1909,  P.  L.  155,  No.  107. 

Section  4.  When  such  acceptance  by  said  incorporated  cemetery 
company  is  tiled  with  the  borough  clerk,  as  herein  provided  for,  he 
shall  thereupon  record  the  same  in  the  book  provided  for  the  record- 
ing of  the  ordinances  of  said  borough,  and  a  copy  of  the  record  of 
said  ordinance  and  the  acceptance  thereof,  certified  to  by  the  burgess 
and  clerk  of  said  borough,  shall  thereupon  be  recorded  in  the  office 
of  the  recorder  of  deeds  of  the  proper  county,  in  the  same  manner 
as  is  now  provided  for  the  recording  of  deeds. 

Section  3,  Act  of  April  23,  1909,  P.  L.  155,  No.  107. 

Section  5.  The  court  of  quarter  sessions  may  make  such  orders 
and  decrees  for  the  regulation  and  care  of  burial  grounds, 
situated  in  and  adjacent  to  incorporated  boroughs,  as  the  public 
good  shall  require;  and  when  any  such  burial  ground  shall  become 
so  neglected  as,  in  the  opinion  of  said  court,  to  become  a  public 
nuisance,  the  court  may  direct  the  removal  of  the  dead  therefrom, 
by  the  proper  borough  authorities,  to  some  other  properly  regulated 
burial  ground,  and  may  enforce,  by  proper  process,  orders  and  de- 
crees made  under  this  section. 

Section  2,  Act  of  May  13,  1876,  P.  L.  159,  amending  Section 
1,  Act  of  May  19,  1874,  P.  L.  208. 

Section  6.  Upon  petition  of  the  managers  and  officers  of  any 
incorporated  cemetery  company,  and  a  majority  of  the  taxables  of 
the  borough  to  which  it  is  proposed  to  transfer  such  cemetery,  the 
said  court  may  authorize  the  transfer  of  any  cemetery  to  the  bor- 
ough authorities  of  any  borough  in  which  such  cemetery  may  be  lo- 
cated or  adjacent  thereto;  and  such  transfer  shall  be  made  without 
cost  to  such  borough;  and  upon  such  transfer  being  made  such  bor- 
ough authorities  shall  hold  and  exercise  the  power  and  privilege  of 
such  incorporated  company,  and  may  purchase  lands  within  or  be- 
yond such  borough  limits,  not  to  exceed  thirty  acres,  for  the  exten- 
sion of  such  cemetery,  if  the  same  be  deemed  necessary,  and  may 
raise  the  means  by  sale  of  lots  or  otherwise,  but  in  no  event  by  taxa- 
tion, to  pay  for  the  same,  and  perform  such  other  duties  as  may  be 
deemed  necessary  in  the  premises;  they  may  lay  out  the  grounds  so 
purchased,  and  change  or  alter  the  original  plot  of  such  cemetery, 
and  may  dispose  of  such  grounds  in  the  same  manner  and  for  the 
same  purposes  as  such  incorporated  company  did  or  could  have  done ; 


189 


and  a  deed  made  by  the  burgess  of  such  borough  shall  be  of  the  same 
validity  as  the  deed  of  such  incorporated  company;  and  the  said 
burgess  of  any  such  borough  is  hereby  authorized  to  make  deeds  to 
those  who  heretofore  purchased  lots  for  burial,  but  have  not  as  yet 
been  furnished  with  deeds  by  said  cemetery  corporations;  in  chang- 
ing or  altering  the  plot  of  any  such  cemetery,  the  dead  bodies  may 
be  removed  and  re-interred  in  a  suitable  place  without  cost  to  sur- 
viving friends. 

Section  2,  Act  of  May  13,  1876,  P.  L.  159,  amending  Section 
2,  Act  of  May  19,  1874,  P.  L.  208. 

Section  7.  When  by  the  growth  of  a  borough,  and  the  opening  of 
incorporated  or  unincorporated  cemeteries  in  a  borough,  or  in  the 
vicinity  thereof,  or  from  other  causes,  any  burial  ground  belonging 
to  or  in  charge  of  any  religious  society  or  church  directly,  or  through 
trustees  thereof,  or  in  charge  of  no  person,  persons,  church  or  so- 
ciety, has  ceased  to  be  used  for  interments,  or  has  become  so  neglected, 
as,  in  the  opinion  of  the  court,  to  become  a  public  nuisance,  or  that 
the  remains  of  bodies  interred  in  any  such  neglected  or  disused  ceme- 
tery in  any  borough  interfere  with  and  hinder  the  improvements,  ex- 
tensions, and  general  progressive  interests  of  any  borough ;  or  when 
the  said  land  shall  be  desired  by  the  same  borough  of  any  municipal 
free  public  library  building,  or  for  any  other  public  purposes;  the 
court  of  quarter  sessions  of  the  several  counties  of  this  Common- 
wealth, upon  petition  of  the  managers,  officers,  or  on  the  petition  of 
fifty  or  more  citizens  or  residents  in  the  vicinity,  in  case  where  such 
cemetery  or  graveyard  is  not  in  charge  of  any  person,  persons,  church 
or  society,  or  trustees  of  such  society  or  church,  setting  forth  that 
the  erection,  extension,  improvements,  and  general  progressive  inter- 
ests of  such  borough  are  hampered  and  interefered  with,  and  the  wel- 
fare of  such  borough  is  injured  to  the  detriment  thereof  and  of  the 
public  good;  or  upon  the  petition  of  said  borough,  that  the  said  land 
shall  be  desired  by  said  borough  for  the  erection  thereon  of  any  mu- 
nicipal free  public  library  building,  or  for  any  other  public  purposes ; 
and  after  three  weeks  of  advertisement  or  hearing  in  open  court  for 
the  purpose,  may,  after  a  full  hearing  of  the  parties,  their  proofs  and 
allegations,  authorize  and  direct  the  removal  of  the  remains  of  the 
dead  from  such  burial  grounds:  Provided,  That  no  such  application 
shall  be  made  by  the  managers,  officers,  or  trustees  of  such  society  or 
church,  except  in  pursuance  of  the  wishes  of  a  majority  of  the  mem- 
bers of  such  society  or  church,  expressed  at  a  meeting  held  for  that 
purpose  after  two  weeks'  public  notice. 

Section  1,  Act  of  April  29,  1909,  P.  L.  291,  amending  Section 
1,  Act  of  May  12,  1887,  P.  L.  96. 


190 


Section  8.  Such  removal  shall  be  made  by  such  managers,  officers,  or 
by  the  authorities  of  such  borough,  when  siifch  burial  ground  is  not  in 
the  charge  of  any  person,  persons,  church  or  society,  trustees  of  such 
society  or  church,  or  under  their  direction,  in  a  careful  manner,  at 
their  own  expense,  to  such  other  burial  ground  or  grounds  they  may 
select  for  said  purpose;  or,  if  desired  by  the  relatives  or  friends  of 
such  dead,  to  some  properly  regulated  burial  ground  or  cemetery  in 
the  immediate  vicinity;  and  said  courts  may  enforce,  by  proper  pro- 
cess, orders  and  decrees  made  under  this  act:  Provided,  however, 
That  before  removing  any  of  the  said  bodies,  said  managers,  trustees, 
or  borough  authorities  shall  publish,  for  two  successive  weeks  in  two 
daily  or  weekly  newspapers  of  such  borough,  or  bounty  wherein  such 
burial  ground  is  located,  a  notice  declaring  their  intention  to  remove 
said  remains:  And  provided  further,  That  relatives  and  friends  of 
such  dead  shall  have  the  right  to  so  remove  said  remains,  at  any  time 
during  said  proceedings,  at  their  own  expense,  before  actual  removal 
by  such  managers,  officers  or  trustees:  And  it  is  further  provided, 
That  all  bodies,  when  so  removed,  shall  be  placed  in  separate  caskets 
and  graves,  and  the  headstones,  monuments,  or  other  marks  placed 
by  the  remains  of  said  bodies,  shall  be  taken,  by  the  persons  authorized 
to  make  such  removal,  and  placed  as  near  as  can  be  in  the  same  rela- 
tive position  as  before  removal. 

Section  2,  Act  of  April  29,  1909,  P.  L.  291,  amending  Section 
2,  Act  of  May  12,  1887,  P.  L.  96. 


CHAPTER  XII. 


ENFORCEMENT  OF  ORDINANCES  -  -  ACTIONS  BY  AND 
AGAINST  BOROUGHS. 


ARTICLE  I. 


ENFORCEMENT  OF  ORDINANCES. 

Section  1.  Fines  and  penalties  under  the  ordinances  of  the  bor- 
ough shall  be  recoverable  before  any  justice  of  the  peace  of  the  bor- 
ough, and  shall  be  paid  over  to  the  treasurer  for  the  use  of  the  bor- 
ough. 

Section  32,  Act  of  April  3,  1851,  P.  L.  320. 


13— C  191 


Section  2.  The  policemen  of  the  several  borough^  of  this  Common- 
wealth, in  addition  to  the  powers  already  conferred  upon  them,  shall 
and  may,  without  warrant  and  upon  view,  arrest  and  commit  for 
hearing  any  and  all  persons  guilty  of  a  breach  of  the  peace,  vagrancy, 
riotous  or  disorderly  conduct  or  drunkenness,  or  may  be  engaged  in 
the  commission  of  any  unlawful  act  tending  to  imperil  the  personal 
security  or  endanger  the  property  of  the  citizens,  or  violating  any 
ordinances  of  said  borough,  for  the  violation  of  which  a  fine  or 
penalty  is  imposed.  Any  person  or  persons  arrested,  with  or  with- 
out warrant,  shall  be  entitled  to  a  trial,  and  to  give  bail  for  his  or 
her  or  their  appearance  according  to  the  practice  in  summary  convic- 
tions in  criminal  cases. 

Section  1,  Act  of  June  4,  1897,  P.  L.  121,  No.  101. 

Section  3.  All  actions,  prosecutions,  complaints  and  proceedings 
for  "the  violation  of  borough  ordinances  and  for  the  collection  of  fines 
and  penalties  imposed  thereby,  may  be  commenced  by  warrant  or 
by  summons  at  the  discretion  of  the  chief  burgess  or  justice  of  the 
peace  before  whom  the  complaint  is  made  or  the  proceedings  begun, 
but  no  warrant  shall  be  issued  except  upon  complaint,  on  oath  or  af- 
firmation, specifying  the  ordinance  for  the  violation  of  which  the 
same  is  issued,  and  all  proceedings  shall  be  directed  to  and  be  served 
by  any  policeman  of  said  borough  who  shall  execute  the  same  any- 
where within  the  borough,  or  in  the  county  of  which  it  is  a  part,  or 
elsewhere  in  the  State,  as  may  be  provided  by  law.  Warrants  shall 
be  returnable  forthwith,  and  upon  such  return  the  like  proceedings 
shall  be  had  in  all  cases  as  are  or  may  be  directed  by  law  in  relation 
to  summary  convictions  with  the  same  right  of  appeal  from  any  final 
judgment  entered  therein  except  where  otherwise  provided  by  existing 
laws.  When  any  person  is  arrested  on  view,  a  complaint,  on  oath,  or 
affirmation,  shall  be  immediately  made,  whereupon  the  like  proceed- 
ings shall  be  had  as  upon  a  warrant  issued.  All  fines  or  penalties  for 
the  violation  of  borough  ordinances^shall  be  paid  over  to  the  borough 
treasurer. 

Section  2,  Act  of  June  4,  1897,  P.  L.  121,  No.  101. 

Section  4.  Any  person  arrested  for  the  violation  of  a  borough  ordi- 
nance may  be  committed  to  the  borough  lock-up  pending  a  hearing 
or  trial,  but  in  case  there  is  no  suitable  lock-up  or  place  in  which  to 
detain  prisoners,  the  person  arrested  may  be  committed  to  the  county 
jail.  Upon  judgment  against  any  person  by  summary  conviction,  or 
by  proceedings  by  summons  on  default  of  payment  of  fine  or  penalty 
imposed  by  said  judgment  and  the  costs,  the  defendant  may  be  sen- 
tenced and  committed  to  the  borough  lock-up  for  a  period  not  ex- 


192 


ceeding  five  days,  or  to  the  county  jail  for  a  period  not  exceeding 
thirty  days:  Provided,  however,  That  no  fine  or  penalty  shall  ex- 
ceed one  hundred  dollars  for  any  single  violation  of  any  ordinance, 
and  provided  further  that  in  case  the  defendant  has  goods  or  property 
of  any  kind  whatsoever  out  of  which  said  judgment  and  costs  can 
be  collected  by  execution,  capias  or  other  process,  the  plaintiff  in 
the  action  may  elect  to  proced  to  collect  the  said  judgment  for  fine 
or  penalty  and  costs  by  said  proceedings. 

Section  3,  Act  of  June  4,  1897,  P.  L.  121,  No.  iOl. 

Section  5.  When  any  person  or  persons  shall  have  been  arrested 
by  authority  of  the  burgess,  or  justice  of  the  peace  in  any  borough  of 
this  Commonwealth,  charged  with  the  violation  of  any  peace  ordi- 
nances, or  with  being  a  vagrant  or  tramp,  and  having  refused  to  pay 
the  fine  imposed  for  such  offense,  the  said  burgess,  or  justice  of  the 
peace  of  said  borough  shall  have  authority  to  commit  said  person  or 
persons  to  the  lock-up  or  station-house  in  said  borough,  for  a  term 
not  exceeding  five  days,  or  compel  such  person  to  work  upon  the  pub- 
lic works  or  streets  of  said  borough,  for  a  period  of  time  not  exceed- 
ing one  day  for  each  one  dollar  of  fine  so  as  aforesaid  imposed:  Pro- 
vided, That  the  defendant  may  appeal  from  the  decision  of  such  bur- 
gess, or  justice  of  the  peace  to  the  court  of  quarter  sessions  of  the 
peace  of  the  proper  county,  upon  entering  into  recognizance,  with 
at  least  one  surety,  in  double  the  amount  of  the  fine  and  costs,  in  the 
usual  manner  for  his  appearance  at  said  court,  when  the  offence  shall 
be  prosecuted  in  the  same  manner  as  is  now  directed  by  law  in  case 
of  misdemeanor. 

Section  1,  Act  of  May  18,  1887,  P.  L.  122. 

Section  6.  When  a  prisoner  shall  be  committed  to  any  county  jail 
or  prison  in  this  Commonwealth,  either  for  the  non-payment  of  a  fine 
or  penalty  imposed  for  the  violation  of  any  borough  ordinance,  or 
while  awaiting  a  hearing  upon  any  charge  for  the  violation  of  any 
borough  ordinance,  the  costs  of  proceedings  and  the  expenses  of  main- 
taining such  prisoner  during  his  confinement  by  virtue  of  any  such 
commitment,  shall  be  borne  and  paid  by  the  borough,  whose  ordi- 
nances were  alleged  to  have  been  violated,  or  to  which  any  such  fines 
or  penalties  are  payable;  and  the  county  in  which  such  borough  is 
located  shall  not  be  liable  to  the  sheriff  for  any  such  maintenance, 
or  to  any  officer,  magistrate,  or  person  for  any  costs  of  such  pro- 
ceedings. 

Section  1,  Act  of  June  7,  1911,  P.  L.  677,  No.  268. 


193 


CHAPTER  XII. 


ARTICLE  II. 


ACTIONS   BY   AND   AGAINST   BOROUGHS. 


(a)     RECOVERY  OF  MUNICIPAL  CLAIMS. 

Section  1.  All  boroughs  of  the  Commonwealth  of  Pennsylvania 
may  proceed  for  the  recovery  of  any  municipal  claim  or  claims,  what- 
soever, by  lien  or  by  action  of  assumpsit;  and  authority  is  hereby 
conferred  upon  justices  of  the  peace  to  entertain  such  actions  of 
assumpsit,  to  the  limits  of  their  jurisdiction. 

Section  1,  Act  of  March  25,  1909,  P.  L.  78,  amending  Sec- 
tion 1,  Act  of  April  4,  1907,  P.  L.  40. 

(b)     DEFENCES  BY  TAXPAYERS. 

Section  2.  In  case  of  any  unsatisfied  judgment,  or  any  suit  or 
process  of  law,  against  any  borough  in  this  Commonwealth,  any  tax- 
payer of  said  borough  may  inquire  into  the  validity  of  any  judgment, 
or  defend  said  borough  in  any  suit  or  judgment,  upon  petition,  ac- 
companied by  affidavit  that  said  tax-payer  believes  that  injustice 
will  be  done  to  said  borough  in  said  suit  or  judgment,  presented  to 
the  court  of  common  pleas  in  which  said  suit  may  be  pending  or 
judgment  may  exist,  shall  have  the  right  to  come  into  the  court 
andx  defend  said  district  in  any  suit,  and  inquire  into  the  validity 
of  any  judgment  against  said  borough  as  fully  and  completely  as 
the  o,fficers  of  said  borough  would,  by  law,  have  the  rights  to  do: 
Provided,  That  said  tax-payer  shall,  whenever  the  court  shall  deem 
it  necessary,  file  in  said  court  of  common  pleas  a  bond,  with  one  or 
more  sufficient  sureties,  to  be  approved  of  by  said  court,  to  indemnify 
and  save  harmless  said  borough  from  all  costs  that  may  accrue  in 
said  suit,  subsequently  to  filing  said  petition. 

Section  1,  Act  of  March  23,  1877,  P.  L.  20,  No.  16. 

Section  3.  In  all  cases  where  a  judgment  shall  be  rendered  by 
any  justice  of  the  peace  or  alderman  against  any  borough  of  this 
Commonwealth,  in  which  by  existing  laws  the  right  of  appeal  is 
given  to  such  borough,  any  tax-payer  of  such  borough  may  take  an 
appeal,  in  behalf  of  such  borough  from  such  judgment  to  the  court 
of  common  pleas  of  the  proper  county,  within  the  time  prescribed  by 
law  for  taking  appeal  by  the  defendant,  if  for  a  period  of  ten  days 
immediately  aftei^the  rendition  of  judgment  the  proper  borough  of- 

194 


iicials  neglect  or  refuse  to  take  and  perfect  such  appeal,  and  file 
the  same  in  said  court:  Provided,  That  such  tax-payer  shall  in  tak- 
ing the  appeal  make  an  affidavit  that  the  same  is  not  taken  for  de- 
lay,  but  because  he,  she  or  it  verily  believes  injustice  has  been  done, 
and  shall  pay  the  costs  of  the  appeal,  and  enter  good  and  sufficient 
bail  for  the  payment,  on  (he  affirmation  of  the  judgment,  of  all  other 
costs  before  the  justice  of  the  peace  or  alderman  and  all  the  costs 
in  the  court  of  common  pleas. 

Section  1,  Act  of  May  11,  1911,  P.  L.  208,  No.  152. 

Section  4.     Upon  filing  the  said  appeal  in  the  court  of  common 

pleas  of  the  proper  county,  the  said  tax-payer  shall  be  made  a  party 

to  the  suit,  and  shall  have  the  right  to  defend  such  borough  therein. 

Section  2,  Act.  of  May  11,  1911,  P.  L.  208,  No.  152. 

(c)     LIABILITY  IN  BOND  TRANSFERS. 

Section  5.  All  certificates  of  stocks  and  loans  which  have  been  or 
may  hereafter  be  issued  by  any  borough  shall  be  transferrable  by  the 
legal  owner  thereof,  without  any  liability  on  the  part  of  the  transfer 
agents  of  the  borough  permitting  such  transfers,  to  recognize,  or 
sec  to  the  execution  of,  any  trust,  whether  expressed,  implied  or 
constructive,  to  which  such  stocks  or  loans  may  be  subject;  unless 
when  such  transfer  agents  or  officers  of  such  borough  charged  with 
the  duty  of  permitting  such  transfer  to  be  made,  shall  have  previ- 
ously received  actual  notice  in  writing,  signed  by  or  on  behalf  of  the 
person  or  persons  for  whom  such  stocks  or  loans  appear  by  the  cer- 
tificate thereof  to  be  held  in  trust,  that  the  proposed  transfer  would 
be  a  violation  of  such  trust. 

Section  1,  Act  of  May  23,  1874,  P.  L.  222.    No.  144. 


CHAPTER  XIII. 


ARTICLE  I. 
SECTION  ONE. 

(a)     THE  FOLLOWING  ACTS  AND  PARTS  OF  ACTS  OF  AS- 

SEMBLY  ARE  ABSOLUTELY  REPEALED,  VIZ:— 
Sections  one,  two,  three,  four,  six,  seven,  ten,  eleven,  fourteen  and 
sixteen  of  an  act  entitled  "An  act  to  provide  for  the  incorporation 
of  boroughs,"  approved  the  first  day  of  April,  one  thousand  eight 
hundred  thirty-four  (P.  L.  163). 

105 


Sections  one,  four,  five,  seven,  eight,  nine,  ten,  eleven,  thirteen, 
eighteen,  nineteen,  twenty,  twenty-one,  twenty-two,  twenty-three, 
twenty-four,  twenty-five,  twenty-seven,  twenty-eight,  twenty -nine, 
thirty,  thirty-one,  thirty-two,  and  thirty-three  of  an  act  entitled  "An 
act  regulating  boroughs,"  approved  the  third  day  of  April,  one  thou- 
sand eight  hundred  fifty -one  (P.  L.  320). 

An  act  entitled  "A  supplement  to  the  act  regulating  boroughs,  ap- 
proved April  third,  one  thousand  eight  hundred  fifty-one,"  approved 
the  twenty-second  day  of  April,  one  thousand  eight  hundred  fifty- 
six  (P.  L.  525). 

An  act  entitled  "A  supplement  to  an  act  entitled  'An  act  to  pro- 
vide for  the  incorporation  of  boroughs,'  approved  the  first  day  of 
April,  Anno  Domini  one  thousand  eight  hundred  thirty-four,"  ap- 
proved the  first  day  of  April,  one  thousand  eight  hundred  sixty-three 
(P.  L.  200). 

An  act  entitled  "An  act  for  the  further  regulation  of  boroughs," 
approved  the  second  day  of  June,  one  thousand  eight  hundred  sev- 
enty-one (P.  L.  283). 

An  act  entitled  "An  act  repealing  the  third  section  of  the  act,  ap- 
proved June  second,  one  thousand  eight  hundred  and  seventy-one, 
entitled  'An  act  for  the  further  regulation  of  boroughs,' "  approved 
the  twenty-eighth  day  of  March,  one  thousand  eight  hundred  seventy- 
three  (P.  L.  53). 

An  act  entitled  "An  act  to  prescribe  the  manner  by  which  the 
courts  may  divide  boroughs  into  wards,"  approved  the  fourteenth  day 
of  May,  one  thousand  eight  hundred  seventy -four  (P.  L.  159). 

An  act  entitled  "An  act  relative  to  burial  grounds  and  ceme- 
teries, situated  in  incorporated  boroughs,"  approved  the  nineteenth 
day  of  May,  one  thousand  eight  hundred  seventy-four  (P.  L.  208). 

An  act  entitled  "An  act  to  regulate  the  extension  of  borough 
limits  when  the  territory  to  be  annexed  is  situate  in  two  or  more 
counties,"  approved  the  eighth  day  of  June,  one  thousand  eight  hun- 
dred seventy-four  (P.  L.  281). 

An  act  entitled  "An  act  empowering  the  councils  in  the  boroughs 
of  this  Commonwealth,  to  prescribe  by  ordinance  the  salary  to  be 
paid  out  of  the  borough  treasury  to  the  burgess,  respectively,  in  lieu 
of  all  fees,  fines  and  costs,  the  manner  in  which  salaries  shall  be 
paid,  and  directing  all  fees,  fines  and  costs  to  be  paid  into  the  bor- 
ough treasury,"  approved  the  thirteenth  day  of  April,  one  thousand 
eight  hundred  seventy  six  (P.  L.  27). 

An  act  entitled  "An  act  supplementary  to  an  act,  entitled  'An 
act  relative  to  burial  grounds  and  cemeteries  situated  in  incor- 

196 


porated  boroughs/  approved  the  nineteenth  day  of  May,  eighteen 
hundred  and  seventy-four,  changing  the  title  of  the  said  act,  and 
authorizing  the  court  to  make  orders  and" decrees  required  by  the 
act,  and  to  enforce  the  same  by  process,"  approved  the  thirteenth  day 
of  May,  one  thousand  eight  hundred  seventy-six  (P.  L.  159). 

An  act  entitled  "An  act  providing  for  the  filling  of  a  vacancy  or 
vacancies  in  the  office  of  council  or  other  borough  offices  in  the  sev- 
eral boroughs  of  this  Commonwealth,"  approved  the  twenty -fourth 
day  of  March,  one  thousand  eight  hundred  seventy-seven  (P.  L.  36). 

An  act  entitled  "A  supplement  to  an  act,  entitled  'An  act  to 
prescribe  the  manner  by  which  the  courts  may  divide  boroughs  into 
wards/  approved  the  fourteenth  day  of  May,  Anno  Domini  eighteen 
hundred  and  seventy -four,"  approved  the  twenty-fourth  day  of  March, 
one  thousand  eight  hundred  seventy-seven  (P.  L.  47). 

Sections  one,  two,  three  and  four  of  an  act,  entitled  "An  act  to 
provide  through  the  courts  of  this  Commonwealth  for  the  erection 
of  boroughs  out  of  territory  now  included  in  cities  of  the  third  class 
that  have  been  formed  by  joining  together  two  or  more  boroughs," 
approved  the  eighteenth  day  of  April,  one  thousand  eight  hundred 
seventy-seven  (P.  L.  55). 

Sections  four  and  five  of  an  act  entitled  "A  supplement  to  an  act, 
entitled  'An  act  to  prescribe  the  manner  in  which  the  courts  may  di- 
vide boroughs  into  wards,'  approved  the  fourteenth  day  of  May,  Anno 
Domini  one  thousand  eight  hundred  and  seventy-four,"  approved 
the  tenth  day  of  May,  one  thousand  eight  hundred  seventy-eight 
(P.  L.  51). 

An  act  entitled  "An  act  authorizing  boroughs  having  charge  of 
water  works,  where  the  rates  for  water  are  fixed  by  law,  to  change 
the  same,"  approved  the  twenty-fourth  day  of  May,  one  thousand 
eight  hundred  seventy -eight  (P.  L.  118). 

An  act  entitled  "An  act  to  provide  for  appointing  viewers  to 
assess  damages  where  streets  and  alleys  are  changed  in  grades  or 
location,  in  the  several  boroughs  of  this  Commonwealth,"  approved 
the  twenty-fourth  day  of  May,  one  thousand  eight  hundred  seventy- 
eight  (P.  L.  129). 

An  act  entitled  "An  act  providing  for  the  adjustment  of  all  indebt- 
edness between  a  township  and  one  or  more  boroughs  erected  there- 
from, also  providing  for  the  adjustment  of  the  indebtedness  of  a 
township  changed  or  merged  into  one  or  more  boroughs/'  approved 
the  twelfth  day  of  June,  one  thousand  eight  hundred  seventy-eight 
(P.  L.  184). 


197 


An  act  entitled  "A  supplement  to  an  act  for  the  regulation  of 
boroughs,  approved  the  third  day  of  April,  Anno  Domini  one  thou- 
sand eight  hundred  and  fifty-one,"  approved  the  eleventh  day  of 
June,  one  thousand  eight  hundred  seventy-nine  (P.  L.  150). 

An  act  entitled  "A  further  supplement  to  the  act  approved  the 
fourteenth  day  of  May,  Anno  Domini  one  thousand  eight  hundred 
and  seventy-four,  entitled  'An  act  to  prescribe  the  manner  in  which 
the  courts  may  divide  boroughs  into  wards,  and  to  provide  for  a  ward 
representation  upon  school  boards,  in  said  boroughs/  "  approved  the 
sixteenth  day  of  February,  one  thousand  eight  hundred  eighty-three 
(P.  L.  5). 

An  act  entitled  "An  act  to  amend  the  first  section  of  an  act,  ap- 
proved the  llth  day  of  June,  one  thousand  eight  hundred  and 
seventy-nine,  entitled  'A  supplement  to  an  act  for  the  regulation  of 
boroughs,  approved  the  third  day  of  April,  Anno  Domini  one  thou- 
sand eight  hundred  and  fifty -one/  so  as  to  include  all  incorporated 
boroughs,"  approved  the  seventeenth  day  of  May,  one  thousand  eight 
hundred  eighty-three  (P.  L.  36). 

An  act  entitled  "A  supplement  to  an  act,  entitled  'An  act  regu- 
lating boroughs/  approved  .the  third  day  of  April,  Anno  Domini  one 
thousand  eight  hundred  and  fifty-one,  and  empowering  the  corpor- 
ate authorities  of  boroughs  to  lay  foot  walks  along  turnpike  roads, 
and  assess  the  cost  of  paving,  curbing  and  guttering  the  same  on  the 
owners  of  the  adjoining  lands,"  approved  the  twenty-second  day  of 
May,  one  thousand  eight  hundred  eighty-three  (P.  L.  39). 

An  act  entitled  "An  act  to  repeal  part  of  section  seventeen  of  an 
act,  entitled  'An  act  regulating  boroughs/  approved  April  three, 
Anno  Domini  one  thousand  eight  hundred  and  fifty-one,  and  provid- 
ing the  manner  of  electing  members  of  town  councils  in  the  boroughs 
of  this  Commonwealth,  and  of  filling  vacancies  therein,"  approved 
the  first  day  of  June,  one  thousand  eight  hundred  eighty-three  (P. 
L.  54). 

An  act  entitled  "An  act  to  provide  for  changing  the  dividing  lines 
between  adjoining  boroughs,  where  said  lines  separate  the  property 
of  the  same  owner  into  two  or  more  parts,"  approved  the  thirteenth 
day  of  June,  one  thousand  eight  hundred  eighty -three  (P.  L.  98). 

An  act  entitled  "An  act  fixing  the  date  of  the  commencement  of 
terms  of  borough  officers  and  auditors'  settlements,"  approved  the 
thirteenth  day  of  June,  one  thousand  eight  hundred  eighty-three  (P. 
L.  121). 


198 


An  art  (Milillcd  "A  further  supplement  to  an  act  regulating  bor- 
oughs, ji])pr(>v(Ml  the  third  day  of  April,  Anno  Domini  one  thousand 
eight  hundred  and  fifty-one,"  approved  the  third  day  of  June,  one 
thousand  eight  hundied  eighty-five  (P.  L.  55). 

An  act  entitled  "An  act  authorizing  boroughs  to  supply,  and  to 
make  contracts  for,  supplying  water  outside  the  limits  of  said  bor- 
oughs," approved  the  tenth  day  of  June,  one  thousand  eight  hundred 
eighty-five  (P.  L.  81). 

An  act  entitled  "An  act  relating  to  elections  in  boroughs  to  de- 
termine the  expediency  of  constructing  water  works  in  certain  cases," 
approved  the  twenty-fourth  day  of  June,  one  thousand  eight  hun- 
dred eighty-five  (P.  L.  163). 

An  act  entitled  "An  act  authorizing  the  councils  of  the  boroughs 
of  this  Commonwealth  to  regulate  and  fix  the  amount  of  license  to 
be  paid,  by  persons  or  firms  engaged  in  the  business  of  auctioneering, 
within  the  limits  of  the  same,"  approved  the  seventh  day  of  May, 
one  thousand  eight  hundred  eighty-seven  (P.  L.  93). 

An  act  entitled  "An  act  authorizing  the  burgess,  alderman  or  jus- 
tice of  the  peace  in  any  borough  to  commit  to  the  lockup  or  station 
house  of  said  borough,  in  certain  cases,"  approved  the  eighteenth  day 
of  May,  one  thousand  eight  hundred  eighty -seven  (P.  L.  122). 

An  act  entitled  "An  act  extending  the  authority  and  jurisdiction 
of  justices  of  the  peace  to  the  several  burgesses  of  this  Common- 
wealth," approved  the  nineteenth  day  of  May,  one  thousand  eight 
hundred  eighty-seven  (P.  L.  133). 

An  act  entitled  "An  act  appropriating  the  tax  on  dogs  to  the  sup- 
port of  public  libraries  in  boroughs,"  approved  the  twenty-third  day 
of  May,  one  thousand  eight  hundred  eighty-seven  (P.  L.  164). 

An  act  entitled  "A  further  supplement  to  an  act  regulating  bor- 
oughs, approved  the  third  day  of  April,  Anno  Domini  one  thousand 
eight  hundred  and  fifty,  authorizing  the  erection  and  leasing  of 
wharves,  and  the  collection  of  wharfage  thereon,"  approved  the 
seventeenth  day  of  April,  one  thousand  eight  hundred  eighty-nine 
(P.  L.  34). 

An  act  entitled  "A  further  supplement  to  an  act,  entitled  'An  act 
regulating  boroughs,'  approved  the  third  day  of  April,  one  thousand 
eight  hundred  and  fifty-one,  authorizing  the  corporate  authorities 
to  levy  and  collect  a  license  tax  on  hacks,  carriages  and  other  ve- 
hicles carrying  persons  or  property  for  pay,"  approved  the  twenty- 
second  day  of  April,  one  thousand  eight  hundred  eighty -nine  (P. 
L.  39). 

199 


An  act  entitled  "An  act  authorizing  the  councils  of  incorporated 
boroughs  to  require  the  paving,  curbing  and  macadamizing  of  streets 
or  thoroughfares,  or  parts  thereof,  and  assess  a  portion  of  the  cost 
of  the  same  on  the  owners  of  property  abutting  thereon,  and  pro- 
viding for  the  collection  of  the  same,"  approved  the  twenty -third 
day  of  April,  one  thousand  eight  hundred  eighty -nine  (P.  L.  44). 

An  act  entitled  "An  act  providing  for  appeals  from  decrees  of 
courts  of  quarter  sessions  incorporating  boroughs,"  approved  the 
ninth  day  of  May,  one  thousand  eight  hundred  eighty-nine  (P.  L. 

174). 

An  act  entitled  "An  act  to  enable  boroughs  to  adopt  and  construct 
sewage  systems  and  to  assess  and  collect  the  cost  thereof,"  approved 
the  fifteenth  day  of  May,  one  thousand  eight  hundred  eighty-nine 
(P.  L.  220). 

An  act  entitled  "An  act  to  provide  for  the  division  of  boroughs 
and  the  erection  of  new  boroughs,"  approved  the  twenty-ninth  day 
of  May,  one  thousand  eight  hundred  eighty -nine  (P.  L.  393). 

An  act  entitled  "An  act  to  authorize  any  borough  now  incorporated 
or  that  may  hereafter  be  incorporated,  to  manufacture  electricity 
for  commercial  purposes,  for  the  use  of  the  inhabitants  of  said  bor- 
oughs and  for  this  purpose  to  erect,  purchase  or  condemn  electric- 
light  plants  and  apparatus,  and  making  valid  the  acts  of  any  borough 
which  has  heretofore  manufactured  the  same,  or  incurred  any  in- 
debtedness thereby,  in  accordance  with  the  provisions  of  this  act," 
approved  the  twentieth  day  of  May,  one  thousand  eight  hundred 
ninety-one  (P.  L.  90). 

An  act  entitled  "An  act  to  authorize  the  burgess  and  council  of  all 
incorporated  boroughs  to  widen  and  deepen  streams  and  water 
courses  running  through  said  boroughs,  and  to  erect  dykes  and  em- 
bankments along  the  same,  and  to  empower  the  burgess  and  councils 
to  enter  upon  private  property  on  and  along  such  streams  and  water 
courses  for  the  purpose  of  procuring  material  for  such  work,  and 
to  provide  for  the  payment  of  the  expense  thereof,  and  the  assess- 
ment of  damages  sustained  to  private  parties  thereby,"  approved  the 
eighth  day  of  June,  one  thousand  eight  hundred  ninety-one  (P.  L. 
210). 

An  act  entitled  "An  act  to  authorize  the  election  of  a  chief  burgess 
for  three  years  in  the  several  boroughs  of  this  Commonwealth  who 
shall  not  be  eligible  to  the  office  for  the  next  succeeding  term,  and 
providing  that  such  officer  shall  not  be  a  member  of  the  town  coun- 
cil, giving  him  the  power  to  veto  ordinances,  providing  for  the  elec- 
tion of  a  presiding  officer  of  councils  and  abolishing  the  office  of 
assistant  burgess,"  approved  the  twenty-third  day  of  May,  one  thou- 
sand eight  hundred  ninety-three  (P.  L.  113). 

200 


An  act  entitled  "An  act  authorizing  the  appointment  of  police- 
men in  the  boroughs  of  this  Commonwealth,  defining  their  powers 
and  duties,  and  providing  for  their  compensation  and  discharge,"  ap- 
proved the  six tli  day  of  June,  one" thousand  eight  hundred  ninety- 
three  (P.  L.  327). 

Sections  one,  two,  three,  four,  five,  six,  seven  and  ten  of  an  act, 
entitled  "An  act  to  provide  for  the  consolidation  of  boroughs  and  the 
government  and  regulation  thereof,"  approved  the  sixth  day  of  June, 
one  thousand  eight  hundred  ninety-three  (P.  L.  335). 

An  act  entitled  "An  act  to  designate  the  number  of  councilmen 
to  be  elected  in  the  several  boroughs  of  the  Commonwealth  not  di- 
vided into  wards,  to  provide  for  their  election  and  for  the  filling  of 
vacancies,  and  to  fix  the  length  of  term  for  which  they  shall  serve," 
approved  the  twenty-second  day  of  May,  one  thousand  eight  hundred 
ninety-five  (P.  L.  109). 

An  act  entitled  "An  act  authorizing  the  councils  of  incorporated 
boroughs  to  change  the  designations  of  wards,"  approved  the  twenty- 
fourth  day  of  June,  one  thousand  eight  hundred  ninety-five  (P.  L. 

241). 

An  act  entitled  "A  supplement  to  an  act  approved  May  twenty- 
four,  one  thousand  eight  hundred  and  seventy-eight,  entitled  'An  act 
to  provide  for  appointing  viewers  to  assess  damages  where  streets 
and  allej^s  are  changed  in  grades  or  location,  in  the  several  boroughs 
of  this  Commonwealth/  providing  that  the  viewers  therein  named 
shall  be  entitled  to  mileage  in  addition  to  their  per  diem  pay,"  ap- 
proved the  twenty-fourth  day  of  June,  one  thousand  eight  hundred 
ninety-five  (P.  L.  248). 

An  act  entitled  "An  act  to  amend  an  act,  entitled  'An  act  em- 
powering the  councils  in  the  boroughs  of  this  Commonwealth,  to 
prescribe  by  ordinance  the  salary  to  be  paid  out  of  the  borough 
treasury  to  the  burgess,  respectively,  in  lieu  of  all  fees,  fines  and 
costs,  the  manner  in  which  salaries  shall  be  paid,  and  directing  all 
fees,  fines  and  costs  to  be  paid  into  the  borough  treasury,'  approved 
the  thirteenth  day  of  April,  Anno  Domini  one  thousand  eight  hun- 
dred and  seventy-six,  extending  the  provisions  of  said  act  to  all  bor- 
oughs in  this  Commonwealth,  whether  incorporated  under  general  or 
special  laws,"  approved  the  twenty-fourth  day  of  June,  one  thou- 
sand eight  hundred  ninety-five  (P.  L.  255). 

An  act  entitled  "An  act  to  change  the  proceedings  for  the  incor- 
poration of  boroughs  in  this  Commonwealth,  providing  for  the  ap- 
proval of  the  application  of  incorporation  by  the  court,  and  abolish- 
ing that  part  of  the  proceeding  which  requires  the  laying  of  the  same 
before  the  grand  jury  and  its  approval  thereof,"  approved  the  twenty- 
sixth  day  of  June,  one  thousand  eight  hundred  ninety-five  (P.  L.  389). 

201 


An  act  entitled  "An  act  providing  for  the  filling  of  any  vacancy 
in  the  office  of  burgess  in  the  several  boroughs  of  this  Common- 
wealth," approved  the  second  day  of  July,  one  thousand  eight  hun- 
dred ninety-five  (P.  L.  433). 

An  act  entitled  "An  act  to  authorize  the  courts  of  quarter  sessions 
to  declare  the  seats  of  councilmen  in  boroughs  vacant  when  they 
fail  to  organize  for  ten  days  after  the  beginning  of  their  term,  and  to 
fill  the  vacancies  so  made,"  approved  the  twenty-seventh  day  of  March, 
one  thousand  eight  hundred  ninety -seven  (P.  L.  8). 

An  act  entitled  "An  act  supplementary  to  an  act,  entitled  'An  act 
regulating  boroughs,'  approved  the  third  day  of  April,  Anno  Domini 
one  thousand  eight  hundred  and  fifty-one,  providing  for  the  grading 
of  streets  and  highways  in  boroughs  according  to  the  foot-front  rule, 
and  for  the  assessment  and  collection  of  the  costs  and  expenses 
thereof,"  approved  the  nineteenth  day  of  May,  one  thousand  eight 
hundred  ninety-seven  (P.  L.  79). 

An  act  entitled  "An  act  to  authorize  boroughs  of  the  Common- 
wealth of  Pennsylvania  to  make*  appropriations  for  the  establishment 
and  maintenance  of  free  public  libraries,"  approved  the  twenty- 
fifth  day  of  May,  one  thousand  eight  hundred  ninety-seven  (P.  L. 
84). 

An  act  entitled  "An  act  empowering  boroughs  of  this  Common- 
wealth, without  petition  of  property  owners,  to  grade,  pave,  curb, 
macadamize  and  otherwise  improve  public  streets,  or  parts  thereof, 
when  said  streets  or  parts  thereof  do  not  exceed  five  hundred  feet 
in  length  and  connect  two  streets  theretofore  paved  and  improved, 
and  providing  for  the  payment  and  collection  of  the  costs,  damages 
and  expenses  thereof,"  Approved  the  thirty-first  day  of  May,  one 
thousand  eight  hundred  ninety-seven  (P.  L.  114). 

An  act  entitled  "An  act  amending  sub-division  eight  of  section 
three  of  an  act,  entitled  'An  act  regulating  boroughs,'  approved  the 
third  day  of  April,  Anno  Domini  one  thousand  eight  hundred  and 
fifty-one,  and  prescribing  the  notice  to  be  given  of  any  proposition 
to  fix  or  change  the  grade,  or  the  laying  out,  widening,  straightening, 
Extending  or  vacating  the  streets,  roads,  lanes,  or  alleys  in  any 
borough  in  the  Commonwealth,"  approved  the  twelfth  day  of  July, 
one  thousand  eight  hundred  ninety-seven  (P.  L.  246). 

An  act  entitled  "An  act  to  amend  the  thirtieth  section  of  an  act, 
entitled  'An  act  regulating  boroughs,'  approved  the  third  day  of 
April,  Anno  Domini  one  thousand  eight  hundred  and  fifty-one,  em- 
powering the  burgess  and  town  council  of  any  borough  to  annex  ad- 


202 


\ 

jaccnt  lots  or  out  lots,  or  other  tracts  of  land,  on  the  petition  of  a 
majority  of  the  freehold  owners  thereof,"  approved  the  fifteenth 
day  of  July,  one  thousand  eight  hundred  ninety-seven  (P.  L.  296). 

An  act  entitled  "An  act  to  amend  section  thirty-three  of 
an  act,  entitled  'An  act  regulating  boroughs/  approved  the  third 
day  of  April,  Anno  Domini  one  thousand  eight  hundred  and  fifty- 
one,  so  as  to  extend  the  provision  which  authorizes  boroughs  incor- 
porated before  April  third,  one  thousand  eight  hundred  and  fifty-one 
to  become  subject  to  the  restrictions  and  possess  the  powers  and 
privileges  conferred  by  said  act,  to  boroughs  incorporated  since 
April  third,  one  thousand  eight  hundred  and  fifty-one,"  approved 
the  sixteenth  day  of  March,  one  thousand  eight  hundred  ninety- 
nine  (P.  L.  10). 

An  act  entitled  "An  act  to  amend  the  fourth  section  of  an  act, 
entitled  'An  act  for  the  further  regulation  of  boroughs/  approved 
the  second  day  of  June,  Anno  Domini  one  thousand  eight  hundred 
and  seventy-one;  specifying  the  mode  of  procedure  in  cases  where 
the  burgess  and  town  council  of  any  borough  pass  an  ordinance 
annexing  adjacent  lands  of  a  township,  lots  or  out  lots  of  the  same," 
approved  the  sixth  day  of  April,  one  thousand  eight  hundred  ninety- 
nine  (P.  L.  33). 

An  act  entitled  "An  act  to  further  amend  the  thirtieth  section  of 
an  act,  entitled  'An  act  regulating  boroughs,'  approved  the  third  day 
of  April,  Anno  Domini  one  thousand  eight  hundred  and  fifty-one,  as 
amended  by  an  act  approved  the  fifteenth  day  of  July,  Anno  Domini 
one  thousand  eight  hundred  and  ninety-seven,  empowering  the  bur- 
gess and  town  council  of  any  borough,  on  petition  of  a  majority  of 
the  freehold  owners  of  lots  or  outlots,  or  other  tracts  of  land  in 
any  section  lying  adjacent  to  said  borough,  to  annex  the  section 
which  such  petitioners  or  others  own,"  approved  the  twenty-eighth 
day  of  April,  one  thousand  eight  hundred  ninety-nine  (P.  L.  115). 

An  act  entitled  "An  act  to  amend  section  one  of  an  act,  entitled 
'A  supplement  to  the  act  regulating  boroughs,  approved  April  third, 
one  thousand  eight  hundred  and  fifty-one,'  approved  the  twenty- 
second  day  of  April,  Anno  Domini  one  thousand  eight  hundred  and 
fifty-six,  and  providing  for  the  opening  of  sidewalks  along  lands 
abutting  on  turnpike  roads,  and  ascertaining  the  benefits  and  dam- 
ages caused  thereby,"  approved  the  second  day  of  May,  one  thou- 
sand nine  hundred  one  (P.  L.  113). 

An  act  entitled  "An  act  authorizing  and  empowering  councils 
of  boroughs  within  this  Commonwealth  to  contract  with  any  incor- 
porated water  company,  authorized  to  do  business  within  such 


203 


municipality,  for  a  supply  of  water  for  fire  protection  and  for  other 
municipal  purposes,"  approved  the  second  day  of^  May,  one  thou- 
sand nine  hundred  one  (P.  L.  187). 

An  act  entitled  "An  act  authorizing  boroughs  to  provide  a  supply 
of  water  for  the  use  of  the  public,  either  by  the  erection  and  opera- 
tion of  water  works  or  by  contracts  with  persons  or  corporations  au- 
thorized to  supply  water  within  the  limits  of  said  boroughs,  or  by 
both  methods,"  approved  the  third  day  of  May,  one  thousand  nine 
hundred  one  (P.  L.  140). 

An  act  entitled  "An  act  relating  to  connection  of  property  with 
public  sewers  in  boroughs,"  approved  the  twenty-first  day  of  May, 
one  thousand  nine  hundred  one  (P.  L.  265). 

An  act  entitled  "An  act  providing  for  the  service  of  notice  to 
build  or  repair  sidewalks  in  the  several  boroughs  of  this  Common- 
wealth," approved  the  twenty -fourth  day  of  May,  one  thousand  nine 
hundred  one  (P.  L.  297). 

An  act  entitled  "An  act  authorizing  the  policemen  of  the  several 
boroughs  of  this  Commonwealth  to  perform  the  duties  of  high  con- 
stable, and  regulating  compensation  for  their  services,"  approved 
the  twenty -fourth  day  of  May,  one  thousand  nine  hundred  one  (P. 
L.  297). 

An  act  entitled  "A  further  supplement  to  an  act,  entitled  'An  act 
regulating  boroughs,'  approved  the  third  day  of  April,  Anno  Domini 
one  thousand  eight  hundred  and  fifty-one;  amending  a  supplement 
to  said  act,  approved  the  twenty-second  day  of  May,  Anno  Domini 
one  thousand  eight  hundred  and  eighty- three;  and  empowering  the 
corporate  authorities  of  boroughs  to  lay  out  foot-walks,  pavements, 
gutters,  culverts  and  drains,  over  and  upon  lands  within  the  bor- 
oughs, abutting  on  and  along  the  side  or  sides  of  public  roads  en- 
tirely without  the  borough  limits;  and  to  assess  the  paving,  curbing 
and  guttering  of  the  same  on  the  owners  of  adjoining  lands,"  ap- 
proved the  twenty-fourth  day  of  May,  one  thousand  nine  hundred 
one  (P.  L.  299). 

An  act  entitled  "An  act  amending  section  thirty-three  of  an  act, 
entitled  'An  act  to  regulate  boroughs,'  approved  third  April,  one 
thousand  eight  hundred  and  fifty-one;  designating  who  shall  make 
application  for  a  borough,  previously  incorporated,  to  become  sub- 
ject to  the  restrictions  and  possess  the  powers  and  privileges  con- 
ferred by  said  act  of  one  thousand  eight  hundred  and  fifty-one"  ap- 
proved the  fourth  day  of  June,  one  thousand  nine  hundred  one  (P. 
L.  362). 

204 


An  act  entitled  "An  act  providing  that  the  president  of  council 
in  all  boroughs  shall  exercise  the  duties  of  burgess  in  the  absence 
or  disqualification  of  that  official,"  approved  the  tenth  day  of  June, 
one  thousand  nine  hundred  one  (P.  L.  551). 

An  act  entitled  "An  act  authorizing  boroughs  of  this  Common- 
wealth to  require  the  planting  of  shade-  trees  along  the  public  streets 
thereof,  by  the  owners  of  abutting  property,  in  certain  cases,"  ap- 
proved the  seventeenth  day  of  June,  one  thousand  nine  hundred  one 
(P.  L.  569). 

An  act  enUtled  "An  act  authorizing  the  town  councils  of  the  sev- 
eral boroughs  of  this  State  to  pay  a  portion  of  the  cost  and  expense 
of  grading  and  curbing  sidewalks,"  approved  the  nineteenth  day  of 
June,  one  thousand  nine  hundred  one  (P.  L.  573). 

An  act  entitled  "An  act  authorizing  any  borough  within  this 
Commonwealth,  on  the  written  request  of  the  Board  of  Health,  to 
confine  and  pave,  or  completely  enclose,  any  creek,  run  or  natural 
water  way,  other  than  navigable  streams,  and  for  this  purpose  to 
enter  upon,  condemn  and  take  property  and  material  necessary  to 
such  confining  and  paving  or  complete  enclosure;  and  providing 
for  the  ascertainment  and  assessment  of  costs,  damages  and  expenses, 
as  well  as  the  levy  and  collection  of  benefits,  arising  therefrom,  and 
constituting  such  benefits  a  lien  upon  the  properties  upon  which 
they  are  respectively  assessed,"  approved  the  tenth  day  of  July,  one 
thousand  nine  hundred  one  (P.  L.  634). 

An  act  entitled  "An  act  to  amend  the  first  clause  of  the  second 
section,  and  the  third  section,  of  an  act,  entitled  'An  act  to  provide 
for  the  consolidation  of  boroughs  and  the  government  and  regula- 
tion thereof/  approved  the  sixth  day  of  June,  Anno  Domini  one  thou- 
sand eight  hundred  and  ninety-three,  removing  any  limit  upon  the 
number  of  wards  into  which  a  consolidated  borough  may  be  divided, 
and  defining  the  laws  and  ordinances  by  which  a  consolidated  bor- 
ough shall  be  governed,"  approved  the  twenty-sixth  day  of  February, 
one  thousand  nine  hundred  three  (P.  L.  6). 

An  act  entitled  "An  act  supplementary  to  an  act,  entitled  'An  act 
to  amend  an  act,  entitled  "An  act  to  authorize  the  election  of  con- 
stables for  three  years,"  approved  the  fourteenth  day  of  February, 
Anno  Domini  one  thousand  eight  hundred  and  eighty-nine,  by  pro- 
viding for  the  election  of  a  high  constable  of  each  of  the  boroughs 
of  this  Commonwealth,  for  three  years,  and  by  correcting  the  am- 
biguity as  to  the  beginning  of  the  terms  of  office  under  said  act/  ap- 
proved the  twenty-sixth  day  of  June,  Anno  Domini  one  thousand 
eight  hundred  and  ninety-five;  making  provisions  for  the  filling  of 
vacancies  in  the  office  of  high  constable  in  any  borough,  or  in  the 

205 


office  of  constable  in  any  borough,  ward  of  any  borough,  or  township 
of  this  Commonwealth/'  approved  the  eleventh  day  of  March,  one 
thousand  nine  hundred  three  (P.  L.  22). 

An  act  entitled  "An  act  to  provide  for  the  election  of  councilmen, 
in  the  several  boroughs  of  this  Commonwealth,  by  wards/  approved 
the  thirteenth  day  of  April,  one  thousand  nine  hundred  three  (P. 
L.  171). 

An  act  entitled  "An  act  authorizing  the  chief  burgesses  of  the 
several  boroughs  of  this  Commonwealth  to  administer  ^11  oaths  and 
affirmations  in  matters  pertaining  to  borough  affairs,"  approved  the 
twenty-third  day  of  April,  one  thousand  nine  hundred  three  (P.  L. 
291). 

An  act  entitled  "An  act  authorizing  any  of  the  boroughs  of  this 
Commonwealth  to  pay  a  salary  to  the  chief  burgess  thereof,"  ap- 
proved the  seventh  day  of  April,  one  thousand  nine  hundred  five  (P. 
L.  116). 

An  act  entitled  "An  act  to  further  amend  the  first  clause  of  the 
section  of  an  act,  entitled  'An  act  to  provide  for  the  consolidation 
of  boroughs,  and  the  government  and  regulation  thereof,'  approved 
the  sixth  day  of  June,  Anno  Domini  one  thousand  eight  hundred  and 
ninety-three;  authorizing  provisions,  in  the  joint  agreement  for  such 
consolidation,  for  the  use  and  disposition  of  the  separate  assets 
and  the  liquidation  of  the  separate  debts  of  such  boroughs,  and 
for  separate  rates  of  taxation  therein  for  that  purpose,"  approved 
the  tenth  day  of  April,  one  thousand  nine  hundred  five  (P.  L.  136). 

An  act  entitled  "A  supplement  to  an  act,  entitled  'An  act  to  pro- 
vide for  the  consolidation  of  boroughs,  and  the  government  and  regu- 
lation thereof,'  approved  the  sixth  day  of  June,  Anno  Domini  one 
thousand  eight  hundred  and  ninety-three,  as  amended  by  an  act  ap- 
proved the  twenty-sixth  day  of  February,  Anno  Domini  one  thousand 
nine  hundred  and  three,  entitled  "An  act  to  amend  the  first  clause 
of  the  second  section,  and  the  third  section,  of  an  act,  entitled  'An 
act  to  provide  for  the  consolidation  of  boroughs,  and  the  government 
and  regulation  thereof,'  approved  the  sixth  day  of  June,  Anno  Domini 
one  thousand  eight  hundred  and  ninety-three,  removing  any  limit 
upon  the  number  of  wards  into  which  a  consolidated  borough  may  be 
divided,  and  defining  the  laws  and  ordinances  by  which  a  consoli- 
dated borough  shall  be  governed,"  defining  the  meaning  of  said  act  as 
amended,  and  confirming  the  consolidation  of  boroughs  partly  lying 
or  situate  in  different  counties,  and  providing  for  their  government 
and  regulation,"  approved  the  fourteenth  day  of  April,  one  thou- 
sand nine  hundred  five  (P.  L.  155). 

206 


An  act  entitled  "A.  supplement  to  an  act,  entitled  'An  act  author- 
izing the  councils  of  incorporated  boroughs  to  require  the  paving, 
curbing  and  macadamizing  of  streets  or  thoroughfares,  or  parts 
thereof,  and  assess  a  portion  of  the  cost  of  the  same  on  the  owners 
of  property  abutting  thereon,  and  providing  for  the  collection  of  the 
same,'  approved  the  twenty-third  day  of  April,  Anno  Domini  one 
thousand  eight  hundred  and  eighty-nine,  pamphlet  laws,  forty -four; 
providing  that  if  the  petition  for  said  improvement  has  been  verified 
by  the  affidavit  of  one  or  more  of  the  petitioners,  notice  may  be 
given  of  the  passage  of  the  ordinance  requiring  said  improvement, 
and  allowing  an  appeal  therefrom,  by  any  person  interested,  to  any 
court  of  common  pleas  of  the  county;  and,  if  such  appeal  is  dis- 
missed, or  no  such  appeal  is  taken,  then  all  parties  interested  shall 
be  estopped  from  denying  that  said  petition  was  signed  by  the 
requisite  number  of  owners,  representing  the  requisite  number  of  feet 
fronting  on  the  street  to  be  improved,"  approved  the  fourteenth  day 
of  April,  one  thousand  nine  hundred  five  (P.  L.  168). 

« 

An  act  entitled  "An  act  to  amend  the  second  section  of  an  act, 
entitled  'An  act  to  authorize  the  election  of  a  chief  burgess  for  three 
years  in  the  several  boroughs  in  this  Commonwealth,  who  shall  not 
be  eligible  to  the  office  for  the  next  succeeding  term,  and  providing 
that  such  officer  shall  not  be  a  member  of  the  town  council,  giving 
him  the  power  to  veto  ordinances,  providing  for  the  election  of  a 
presiding  officer  of  councils,  and  abolishing  the  office  of  assistant 
burgess,'  approved  the  twenty-third  day  of  May,  Anno  Domini  one 
thousand  eight  hundred  and  ninety- three ;  so  as  to  authorize  and  em- 
power the  chief  burgess  to  attend  meetings  of  town  councils  at  their 
annual  organization  for  the  election  of  such  officers  as  are,  by  law 
and  borough  oidinances,  at  that  time  required  to  be  elected,  and  who 
shall  have  no  vote  unless  the  councils  be  equally  divided,  when  he 
shall  cast  the  deciding  vote,"  approved  the  eighteenth  day  of  April, 
one  thousand  nine  hundred  five  (P.  L.  215). 

An  act  entitled  "An  act  authorizing  the  councils  of  incorporated 
boroughs  to  require  the  subgrading,  paving,  curbing  and  macadamiz- 
ing of  streets  or  thoroughfares  or  parts  thereof,  and  assess  the  cost 
of  the  same  on  the  owners  of  property  abutting  thereon,  providing 
four-fifths  of  said  owners  petition  councils  for  same,  and  providing 
for  the  collection  of  the  cost  of  same,"  approved  the  twentieth  day 
of  April,  one  thousand  nine  hundred  five  (P.  L.  232). 

An  act  entitled  "An  act  authorizing  boroughs  to  require  the  grad- 
ing, paving,  repaying  and  repairing  of  sidewalks,  and  the  construct- 
ing and  repairing  of  curbs  and  gutters  at  the  edge  of  sidewalks,  by 


14— C  207 


the  owner  or  owners  of  lots  fronting  thereon ;  and  providing  that,  in 
case  of  failure  to  comply  with  such  requirements,  the  borough  may 
cause  the  work  to  be  done,  and  collect  the  cost  and  charges  thereof," 
approved  the  twentieth  day  of  April,  one  thousand  nine  hundred 
five  (P.  L.  235). 

An  act  entitled  "An  act  to  authorize  boroughs  of  the  Common- 
wealth of  Pennsylvania  to  contract  with  the  duly  constituted  man- 
agers or  owners  of  existing  non-sectarian  public  libraries,  for  the 
free  use  of  such  libraries  by  the  residents  of  such  boroughs,  and  to 
make  appropriation^  for  the  hiring  and  procuring  of  such  free  use," 
approved  the  twenty-second  day  of  April,  one  thousand  nine  hun- 
dred five  (P.  L.  281). 

An  act  entitled  "An  act  amending  an  act,  entitled  'An  act  au- 
thorizing any  of  the  boroughs  of  this  Commonwealth  to  pay  a  salary 
to  the  chief  burgess  thereof,  (Pamphlet  Laws,  one  thousand  nine  hun- 
dred and  five,  page  one  hundred  and  sixteen),  by  providing  that  in 
boroughs  of  over  five  thousand  population,  where  such  salary  would 
fall  below  the  sum  of  fifty  dollars  per  month,  the  borough  council, 
in  its  wisdom,  may  increase  said  salary  to  an  amount  not  exceeding 
fifty  dollars  per  month,"  approved  the  fifteenth  day  of  April,  one 
thousand  nine  hundred  seven  (P.  L.  61). 

An  act  entitled  "An  act  to  amend  the  first  section  of  an  act,  en- 
titled 'To  enable  boroughs  to  adopt  and  construct  sewerage  systems, 
and  to  assess  and  collect  the  cost  thereof/  approved  the  fifteenth 
day  of  May,  Anno  Domini  one  thousand  eight  hundred  and  eighty- 
nine  (Pamphlet  Laws,  page  two  hundred  and  twenty),  by  providing 
for  the  construction  of  sewers  without  a  petition  of  a  majority  of 
property  owners,  and  requiring  a  permit  from  the  Commissioner  of 
Health,"  approved  the  twenty-third  day  of  April,  one  thousand  nine 
hundred  seven  (P.  L.  97). 

An  act  entitled  "A  supplement  to  the  act  of  April  third,  eighteen 
hundred  and  fifty-one,  entitled  'An  act  regulating  boroughs,'  pro- 
viding for  the  election  of  a  borough  solicitor,  fixing  the  term  of 
office  and  prescribing  his  duties,  and  authorizing  the  town  council  to 
fix  his  compensation,"  approved  the  twenty-sixth  day  of  April,  one 
thousand  nine  hundred  seven  (P.  L.  103). 

An  act  entitled  "An  act  to  amend  section  one  of  an  act,  entitled 
'An  act  empowering  boroughs  of  this  Commonwealth,  without  peti- 
tion of  property  owners,  to  grade,  pave,  curb,  macadamize  ,and  other- 
wise improve  public  streets,  or  parts  thereof,  when  said  streets,  or 
parts  thereof,  do  not  exceed  five  hundred  feet  in  length  and  connect 


208 


two  streets  theretofore  paved  and  improved,  and  providing  for  the 
payment  and  collection  of  the  costs,  damages,  and  expenses  thereof/ 
approved  May  thirty-first,  Anno  Domini  one  thousand  eight  hundred 
and  ninety  seven,  by  im-mising  the  length  of  street  so  to  be  improved 
to  one  thousand  feet,"  approved  the  seventh  day  of  May,  one  thou- 
snn'l  nine  hundred  seven  (P.  L.  168). 

An  act  entitled  "An  act  authorizing  the  corporate  authorities  of 
boroughs  to  expend  not  exceeding  one-half  of  the  annual  appropria- 
tion for  roads  and  streets,  in  curbing  and  paving  or  macadamizing 
any  street,  lane,  or  alley  therein,"  approved  the  eighth  day  of  May, 
one  thousand  nine  hundred  seven  (P.  L.  183). 

Section  one  of  an  act  entitled  "An  act  concerning  building  regula- 
tion and  inspection  in  boroughs,"  approved  the  eighth  day  of  May, 
one  thousand  nine  hundred  seven  (P.  L.  184). 

An  act  entitled  "An  act  empowering  incorporated  boroughs  to 
pass  such  ordinance  as  may  be  necessary  to  regulate  or  prevent  the 
erection  of  wooden  dwelling-houses,  shops,  warehouses,  stores,  car- 
riage-houses, stables,  or  other  frame  buildings  within  the  limits  of 
the  borough,"  approved  the  twenty-third  day  of  May,  one  thousand 
nine  hundred  seven  (P.  L.  203). 

An  act  entitled  "An  act  authorizing  boroughs  to  erect  and  maintain 
garbage-furnaces,  and  pass  rules  and  regulations  for  the  collection, 
care,  and  removal  of  garbage,  and  provide  penalties  for  the  violation 
of  the  same,"  approved  the  twenty-fifth  day  of  May,  one  thousand 
nine  hundred  seven  (P.  L.  230). 

An  act  entitled  "An  act  authorizing  and  empowering  the  several 
boroughs  of  this  Commonwealth  to  purchase  or  acquire  by  condemna- 
tion proceedings  such  real  estate,  within  or  without  the  borough 
limits,  as  may  be  necessary  for  present  and  future  use,  upon  which  to 
erect,  construct,  and  maintain  garbage  or  incinerating  furnaces, 
sewage-disposal,  works  or  plants,  with  the  necessary  filter-beds,  ap- 
pliances' drains  and  sewers,  and  for  the  extensions  thereof,"  ap- 
proved the  first  day  of  April,  one  thousand  nine  hundred  nine  (P. 
L.  79). 

An  act  entitled  "An  act  empowering  the  councils  of  boroughs  in 
the  Commonwealth  to  fix  by  ordinance  the  salary  of  the  burgess  of 
said  boroughs,"  approved  the  twenty-third  day  of  April,  one  thou- 
sand nine  hundred  nine  (P.  L.  154). 


209 


An  act  entitled  "An  act  authorizing  the  burgess  and  council  in  any 
incorporated  borough  in  this  Commonwealth,  in  which , is  vested  the 
title,  control,  and  management  of  any  cemetery  o*  burial  ground,  to 
transfer  said  title,  control,  and  management  to  an  incorporated  ceme- 
tery company,  and  providing  how  such  transfer  shall  be  effected,"  ap- 
proved the  twenty-third  day  of  April,  one  thousand  nine  hundred 
nine  (P.  L.  155). 

An  act  entitled  "An  act  fixing  the  length  of  the  term  of  borough 
treasurers  and  street  commissioners,  in  boroughs  of  this  Common- 
wealth that  are  elected  by  the  electors  at  large,"  approved  the  sixth 
day  of  May.  one  thousand  nine  hundred  nine  (P.  L.  440). 

An  act  entitled  "An  act  amending  the  first  section  of  an  act,  ap- 
proved the  twenty-fourth  day  of  May,  Anno  Domini  one  thousand 
eight  hundred  and  seventy-eight,  entitled  'An  act  to  provide  for  ap- 
pointing viewers  to  assess  damages,  where  streets  and  alleys  are 
changed  in  grades  or  location  in  the  several  boroughs  of  this  Com- 
monwealth/ by  fixing  the  number  of  the  viewers  at  three,"  approved 
the  twenty- seventh  day  of  April,  one  thousand  nine  hundred  eleven 
(P.  L.  89). 

An  act  entitled  "A  supplement  to  an  act  entitled  'An  act  authoriz- 
ing the  councils  of  incorporated  boroughs  to  require  the  subgrad- 
ing,  paving,  curbing,  and  macadamizing  of  streets  or  thoroughfares, 
or  parts  thereof,  and  assess  the  cost  of  the  same  on  the  owners  of 
property  abutting  thereon,  provided  four-fifths  of  said  owners  peti- 
tion councils  for  same,  and  providing  for  the  collection  of  the  cost 
of  same/  approved  twentieth  day  of  April,  Anno  Domini  one  thou- 
sand nine  hundred  and  five  (Pamphlet  Laws,  two  hundred  and  thirty- 
two)  ;  providing  that  if  the  petition  for  said  improvement  has  been 
verified  by  the  affidavit  of  one  or  more  of  the  petitioners,  notice  may 
be  given  of  the  passage  of  the  ordinance  requiring  said  improvement, 
and  allowing  an  appeal  therefrom  by  any  person  interested  to  any 
court  of  common  pleas  of  the  county;  and  if  such  appeal  is  dismissed, 
or  no  such  appeal  is  taken,  then  all  parties  interested  shall  be 
estopped  from  denying  that  said  petition  was  signed  by  the  requisite 
number  of  owners,  representing  the  requisite  number  of  feet  fronting 
on  the  street  to  be  improved,"  approved  the  fifth  day  of  May,  one 
thousand  nine  hundred  eleven  (P.  L.  166). 

An  act  entitled  "An  act  authorizing  the  proper  authorities  of  ad- 
joining boroughs  to  fix  and  determine  the  dividing  line  between  said 
boroughs,  where  the  location  of  the  same  is  uncertain,  and  to  change 
the  dividing  line  between  adjoining  boroughs,  and  providing  the 
manner  of  procedure  in  such  cases,"  approved  the  fifth  day  of  May, 
one  thousand  nine  hundred  eleven  (P.  L.  176). 

210 


An  act  entitled  "An  act  empowering  boroughs  of  this  Common- 
wealth, without  petition  of  the  property  owners,  to  grade,  pave,  curb, 
inacadami/e,  and  otherwise  improve  public  streets,  or  parts  thereof; 
and  assess  a  portion  of  the  cost  of  the  same  on  the  owners  of  prop- 
erty abutting  thereon;  and  providing  for  the  collection  of  the  same," 
approved  the  twelfth  day  of  May,  one  thousand  nine  hundred  eleven 
(P.  L.  288). 

An  act  entitled  "An  act  making  void  the  surveying  or  laying  out 
of  certain  highways  and  sewers  over  private  property,  in  boroughs, 
where  the  work  has  not  been  commenced  within  two  years  from  the 
passage  of  the  ordinance,"  approved  the  first  day  of  June,  one  thou- 
sand nine  hundred  eleven  (P.  L.  541). 

An  act  entitled  "An  act  authorizing  boroughs  to  lay  out,  and  main- 
tain as  public  parks,  land  heretofore  acquired  outside  of  the  bor- 
ough limits,"  approved  the  first  day  of  June,  one  thousand  nine 
hundred  eleven  (P.  L.  544). 

An  act  entitled  "An  act  to  amend  section  one  of  an  act,  entitled 
'An  act  authorizing  the  councils  of  incorporated  boroughs  to  re- 
quire the  paving,  curbing,  and  macadamizing  of  streets  or  thorough- 
fares, or  parts  thereof,  and  assess  a  portion  of  the  cost  of  the  same 
on  the  owners  of  property  abutting  thereon,  and  providing  for  the 
collection  of  the  same/  approved  April  twenty-third,  one  thousand 
eight  hundred  and  eighty-nine,  by  fixing  a  different  portion  of  the 
cost  and  expense  which  may  be  assessed  against  abutting  property, 
where  the  property  on  one  side  of  the  street  or  thoroughfare  desired 
to  be  improved  is  exempt  from  assessment,"  approved  the  eighth  day 
of  June,  one  thousand  nine  hundred  eleven  (P.  L.  714). 

An  act  entitled  "An  act  to  amend  section  three  of  an  act,  entitled 
'An  act  authorizing  the  appointment  of  policemen  in  the  boroughs 
of  this  Commonwealth,  defining  their  powers  and  duties,  and  pro- 
viding for  their  compensation  and  discharge/  approved  June  sixth, 
Anno  Domini  one  thousand  eight  hundred  and  ninety-three,  by  regu- 
lating the  control  of  policemen  when  on  duty,"  approved  the  eighth 
day  of  June  one  thousand  nine  hundred  eleven  (P.  L.  720). 

An  act  entitled  "An  act  to  amend  section  one  of  an  act,  entitled 
'An  act  authorizing  the  councils  of  incorporated  boroughs  to  require 
the  paving,  curbing,  and  macadamizing  of  streets  or  thoroughfares, 
or  parts  thereof,  and  assess  a  portion  of  the  costs  of  the  same  on 
the  owners  of  property  abutting  thereon,  and  providing  for  the 
collection  of  the  same/  approved  the  twenty-third  day  of  April,  Anno 
Domini  one  thousand  eight  hundred  and  eighty-nine,  so  as  to  change 
the  requirements  of  the  petition  for  paving  from  two-thirds  of  the 
owners  of  property  representing  not  less  than  two-thirds  in  number 

211 


of  feet  of  the  properties  fronting  or  abutting  on  the  street  or  thor- 
oughfare, or  the  part  thereof  proposed  to  be  paveo^  to  the  owners  of 
property  representing  not  less  than  two-thirds  in  number  of  feet  of 
the  properties  fronting  or  abutting  on  the  street  or  thoroughfare, 
or  the  part  thereof  proposed  to  be  paved;  and  repealing  all  acts  or 
parts  of  acts  inconsistent  herewith/'  approved  the  thirteenth  day  of 
June,  one  thousand  nine  hundred  eleven  (P.  L.  887). 

An  act  entitled  "An  act  providing  for  the  election  of  councilmen 
in  the  several  boroughs  of  this  Commonwealth,  and  fixing  the  time 
and  manner  of  the  organization  of  the  town  councils  therein,"  ap- 
proved the  nineteenth  day  of  June,  one  thousand  nine  hundred  eleven 
(P.  L.  1047). 

An  act  entitled  "An  act  amending  the  first  section  of  an  act,  ap- 
proved the  twenty-second  day  of  April,  Anno  Domini  one  thousand 
eight  hundred  and  fifty-six,  entitled  'A  supplement  to  the  act  regulat- 
ing boroughs,  approved  April  third,  one  thousand  eight  hundred  and 
fifty-one,'  by  fixing  the  number  of  the  viewers  at  three,"  approved 
the  twentieth  day  of  June,  one  thousand  nine  hundred  eleven  (P. 
L.  1085). 

An  act  entitled  "An  act  providing  for  and  regulating  the  purchase 
or  condemnation  of  real  estate  by  boroughs,  for  the  purpose  of  con- 
structing wharves,  landing-places,  and  docks,"  approved  the  twenty- 
first  day  of  June,  one  thousand  nine  hundred  eleven  (P.  L.  1099). 

An  act  entitled  "An  act  to  provide  for  the  making  of  a  new  ordin- 
ance book  and  record  of  the  ordinances  of  any  borough,  in  which  the 
ordinance  book  thereof  has  become  lost,  destroyed,  or  so  much  worn 
or  mutilated  as  to  be  unserviceable,"  approved  the  twenty-first  day 
of  June,  one  thousand  nine  hundred  eleven  (P.  L.  1113). 

An  act  entitled  "An  act  to  amend  section  four  of  an  act,  approved 
the  nineteenth  day  of  June,  one  thousand  nine  hundred  eleven,  en- 
titled 'An  act  providing  for  the  election  of  councilmen  in  the  several 
boroughs  of  this  Commonwealth,  and  fixing  the  time  and  manner 
of  the  organization  of  the  town  councils  therein,' "  approved  the 
twentieth  day  of  May,  one  thousand  nine  hundred  thirteen  (P.  L. 
268). 

An  act  entitled  "An  act  to  amend  the  first  section  of  an  act  ap- 
proved the  twenty-fifth  day  of  April,  one  thousand  nine  hundred  and 
seven  (Pamphlet  Laws,  one  hundred  three),  entitled  'A  supplement 
to  the  act  of  April  third,  eighteen  hundred  and  fifty-one,  entitled 
"An  act  regulating  boroughs,"  providing  for  the  election  of  a  bor- 


212 


ough  solicitor,  fixing  the  term  of  office  and  prescribing  his  duties,  and 
authorizing  the  town  council  to  fix  his  compensation/  so  as  to  in- 
clude all  boroughs,  and  by  changing  the  length  of  the  term  and  the 
time  of  the  election  of  borough  solicitors,  and  extending  the  terms 
of  the  borough  solicitors,  holding  office  under  the  act  of  April  twenty- 
fifth,  nineteen  hundred  and  seven,  and  providing  for  the  furnishing 
of  a  bond  by  a  trust  or  bonding  company,"  approved  the  fifth  day  of 
June,  one  thousand  nine  hundred  thirteen  (P.  L.  409). 

An  act  entitled  "An  act  to  amend  an  act,  approved  the  third  day 
of  April,  one  thousand  eight  hundred  and  fifty-one,  'An  act  regulat- 
ing boroughs,'  as  amended,"  approved  the  fifth  day  of  June,  one 
thousand  nine  hundred  thirteen  (P.  L.  411). 

An  act  entitled  "An  act  empowering  the  several  boroughs  of  the 
Commonwealth  to  enact  and  enforce  ordinances  prohibiting  accumu- 
lations of  garbage  or  rubbish  upon  private  properties  within  their 
respective  limits,"  approved  the  fifth  day  of  June,  one  thousand  nine 
hundred  thirteen  (P.  L.  434). 

An  act  entitled  "'A  further  supplement  to  an  act,  entitled  'An  act 
to  regulate  boroughs,'  approved  the  third  day  of  April,  one  thousand 
eight  hundred  and  fifty-one,  authorizing  the  corporate  authorities 
of  any  borough  to  levy  and  collect  a  license-tax  on  hacks,  carriages, 
omnibusses,  and  motor-vehicles  carrying  persons  or  property  for  pay; 
to  regulate  the  operation  and  compensation  of  such  vehicles  within 
the  limits  of  any  such  borough,  or  between  any  such  borough  and 
other  points  or  places,"  approved  the  fifth  day  of  June,  one  thousand 
nine  hundred  thirteen  (P.  L.  434). 

An  act  entitled  "An  act  providing  for  the  election  of  a  borough 
controller  in  all  boroughs  of  this  Commonwealth;  prescribing  the 
qualifications,  powers  and  duties  thereof;  and  abolishing  the  office 
of  borough  auditors  in  said  boroughs,"  approved  the  twelfth  day  of 
June,  one  thousand  nine  hundred  thirteen  (P.  L.  499). 

An  act  entitled  "An  act  to  amend  section  one  of  an  act  entitled 
'An  act  to  amend  section  three  of  an  act,  entitled  "An  act  authorizing 
the  appointment  of  policemen  in  the  boroughs  of  this  Commonwealth, 
defining  their  powers  and  duties,  and  providing  for  their  compensa- 
tion and  discharge,"  approved  June  sixth  Anno  Domini  one  thou- 
sand eight  hundred  and  ninety-three,  by  regulating  the  control  of 
policemen  when  on  duty,'  approved  June  eighth,  one  thousand  nine 
hundred  and  eleven,"  approved  the  nineteenth  day  of  June,  one  thou- 
sand nine  hundred  thirteen  (P.  L.  538). 

An  act  entitled  "An  act  to  amend  an  act,  approved  the  sixth  day 
of  June,  one  thousand  eight  hundred  ninety-three,  entitled  'An  act  to 

213 


provide  for  the  consolidation  of  boroughs  and  the  government  and 
regulation  thereof,'  as  amended,"  approved  the  nineteenth  day  of 
June,  one  thousand  nine  hundred  thirteen  (P.  L.  540). 

(b)  THE  FOLLOWING  ACTS  AND  PARTS  OF  ACTS  OF  AS- 
SEMBLY ARE  ABSOLUTELY  REPEALED  EXCEPT  IN  SO 
FAR  AS  THEY  RELATE  TO  ASSESSORS,  CONSTABLES, 
ELECTIONS,  JUSTICES  OF  THE  PEACE,  OVERSEERS  OF 
THE  POOR,  SCHOOL  DIRECTORS,  OR  TAXATION,  VIZ:- 

ISections  five,  eight,  nine,  twelve,  thirteen  and  fifteen  of  an  act, 
entitled  "An  act  to  provide  for  the  incorporation  of  boroughs,"  ap- 
proved the  first  day  of  April,  one  thousand  eight  hundred  thirty -four 
(P.  L.  163). 

Sections  two,  three,  six,  twelve,  fourteen,  fifteen,  sixteen,  seventeen 
and  twenty-six  of  an  act  entitled  "An  act  regulating  boroughs,"  ap- 
proved the  third  day  of  April,  one  thousand  eight  hundred  fifty-one 
(P.  L.  320). 

An  act  entitled  "An  act  supplementary  to  an  act  entitled,  'An  act 
to  prescribe  the  manner  by  which  the  courts  may  divide  boroughs 
into  wards,'  approved  the  fourteenth  day  of  May,  Anno  Domini  one 
thousand  eight  hundred  seventy-four,"  approved  the  seventeenth  day 
of  February,  one  thousand  eight  hundred  seventy-six  (P.  L.  6). 

Section  one  of  an  act  entitled  "A  supplement  to  an  act,  entitled 
4 An  act  to  prescribe  the  manner  in  which  the  courts  may  divide  bor- 
oughs into  wards,'  approved  the  fourteenth  day  of  May,  Anno  Domini 
one  thousand  eight  hundred  seventy-four,"  approved  the  tenth  day 
of  May,  one  thousand  eight  hundred  seventy-eight  (P.  L.  51). 

An  act  entitled  "A  further  supplement  to  the  act  approved  the 
fourteenth  day  of  May,  Anno  Domini  one  thousand  eight  hundred 
seventy-four,  entitled  'An  act  to  prescribe  the  manner  in  which  the 
courts  may  divide  boroughs  into  wards/  and  to  extend  the  powers 
of  the  courts  so  that  they  may,  on  petition,  increase  the  number  of 
councilmen  and  school  directors  after  decree  has  been  made,"  ap- 
proved the  thirteenth  day  of  May,  one  thousand  eight  hundred  eighty- 
nine  (P.  L.  193). 

Section  eight  of  an  act,  entitled  "An  act  to  provide  for  the  con- 
solidation of  boroughs  and  the  government  and  regulation  thereof/' 
approved  the  sixth  day  of  June,  one  thousand  eight  hundred  ninety- 
three  (P.  L.  335). 


2H 


An  act  entitled  "An  act  to  amend  the  ninth  section  of  an  act,  en- 
titled 'An  act  to  provide  for  the  consolidation  of  boroughs  and  the 
government  and  regulation  thereof,'  approved  June  sixth,  Anno 
Domini  one  thousand  eight  hundred  ninety- three,  so  as  to  allow  the 
town  council  of  a  consolidated  borough  to  select,  annually,  one  street 
commissioner,"  approved  the  twenty-fifth  day  of  May,  one  thousand 
eight  hundred  ninety-seven  (P.  L.  88). 

An  act  entitled  "An  act  relating  to  boroughs,  providing  a  method 
of  procedure  for  violations  of  law  and  borough  ordinances,  and  for 
collection  of  the  fines  and  penalties  imposed  for  said  violations,"  ap- 
proved the  fourth  day  of  June,  one  thousand  eight  hundred  ninety- 
seven  (P.  L.  121). 

An  act  entitled  "An  act  authorizing  the  courts  of  quarter  sessions 
of  the  peace  to  decrease  the  number  of  members  of  town  council,  and 
the  number  of  school  directors  in  wards  or  boroughs,"  approved  the 
ninth  day  of  July,  one  thousand  eight  hundred  ninety-seven  (P.  L. 
216). 

An  act  entitled  "An  act  authorizing  policemen  to  hold  and  exer- 
cise the  office  of  constable,"  approved  the  twenty-fifth  day  of  April, 
one  thousand  nine  hundred  five  (P.  L.  309). 

(c)  THE  FOLLOWING  ACTS  AND  PARTS  OF  ACTS  OF  AS- 
SEMBLY ARE  REPEALED  IN  SO  FAR  AS  THEY  RELATE  TO 
BOROUGHS,  VIZ:- 

Section  thirty-four  of  an  act  entitled  "An  act  relating  to  roads, 
highways  and  bridges,"  approved  the  thirteenth  day  of  June,  one 
thousand  eight  hundred  thirty-six  (P.  L.  551). 

Section  one  of  an  act  entitled  "An  act  providing  for  the  adjust- 
ment of  all  indebtedness  between  an  old  township,  or  townships, 
and  a  new  township,  or  borough,  erected  therefrom,"  approved  the 
twelfth  day  of  April,  one  thousand  eight  hundred  sixty-six  (P.  L. 
109). 

An  act  entitled  "An  act  relating  to  the  assessment  of  damage  for 
the  appropriation  of  land  for  public  use,"  approved  the  fifteenth  day 
of  June,  one  thousand  eight  hundred  seventy-one  (P.  L.  391). 

An  act  entitled  "An  act  to  authorize  and  require  the  auditors  to 
publish  an  annual  statement  of  the  receipts  and  expenditures  of  road 
commissioners,  supervisors,  overseers  of  the  poor,  and  school  direc- 
tors of  the  several  townships  and  boroughs  within  this  Common- 
wealth, and  to  designate  a  day  to  audit,  settle  and  adjust  township 
and  borough  accounts."  approved  the  twenty-fourth  day  of  April,  one 
thousand  eight  hundred  seventy-four  (P.  L.  112). 

215 


Sections  one,  two  and  three  of  an  act  entitled  "An  act  declaring 
what  offices  are  incompatible,"  approved  the  fifteenth  day  of  May, 
one  thousand  eight  hundred  seventy -four  (P.  L.  186). 

An  act  entitled  "An  act  to  facilitate  the  transfer  of  stocks  and 
loans,"  approved  the  twenty-third  day  of  May,  one  thousand  eight 
hundred  seventy -four  (P.  L.  222). 

An  act  entitled  "An  act  for  further  regulation  of  appeals  from 
assessments  of  damages  to  owners  of  property  taken  for  public  use," 
approved  the  thirteenth  day  of  June,  one  thousand  eight  hundred 
seventy -four  (P.  L.  283). 

An  act  entitled  "An  act  fixing  and  regulating  the  terms  of  all 
members  of  councils  and  all  other  city,  ward,  borough  and  township 
officers,  excepting  school  directors,  elected  by  the  people,  and  fixing 
the  time  for  organization  of  the  legislative  departments,  of  the 
municipal  governments  of  the  Commonwealth  and  the  inauguration 
of  the  mayors  of  all  the  cities  of  the  same,"  approved  the  tenth  day 
of  March,  one  thousand  eight  hundred  seventy-five  (P.  L.  6). 

An  act  entitled  "A  supplement  to  an  act,  entitled  'An  act  to  au- 
thorize and  require  the  auditors  to  publish  an  annual  statement  of 
the  receipts  and  expenditures  of  road  commissioners,  supervisors, 
overseers  of  the  poor  and  school  directors  of  the  several  townships 
and  boroughs  within  this  Commonwealth,  and  to  designate  a  day  to 
audit,  settle  and  adjust  townships  and  borough  accounts,'  approved 
the  twenty -fourth  day  of  April,  Anno  Domini  one  thousand  eight 
hundred  and  seventy-four,"  approved  the  thirty-first  day  of  March, 
one  thousand  eight  hundred  seventy-six  (P.  L.  12). 

An  act  entitled  "A  supplement  to  an  act,  approved  April  fourteen, 
Anno  Domini  eighteen  hundred  and  fifty-one,  relating  to  an  appeal 
from  the  decision  of  township  auditors,"  approved  the  first  day  of 
May,  one  thousand  eight  hundred  seventy -six  (P.  L.  88). 

An  act  entitled  "An  act  conferring  additional  powers  upon  the 
several  boroughs  and  incorporated  towns  of  this  Commonwealth," 
approved  the  fifth  day  of  May,  one  thousand  eight  hundred  seventy- 
six  (P.  L.  112). 

An  act  entitled  "An  act  to  empower  any  tax  payer  of  any  township, 
borough,  school  poor  or  other  municipal  district,  upon  petition"  and 
affidavit,  to  become  a  party  to  any  suit  or  process  pending  against 
said  district,"  approved  the  twenty-third  day  of  March,  one  thousand 
eight  hundred  seventy-seven  (P.  L.  20). 

An  act  entitled  "An  act  to  prohibit  cities,  boroughs  and  munici- 
palities from  levying  any  license  or  mercantile  tax,  upon  persons 
taking  orders  for  goods  or  merchandise  by  sample,  for  individuals  or 

216 


companies  who  pay  a  license  or  mercantile  tax  at  their  chief  place 
of  business,  and  also  to  prohibit  the  collection  of  such  licenses,  or 
mercantile  taxes,"  approved  the  seventeenth  day  of  May,  one  thou- 
sand eight  hundred  eighty-three  (P.  L.  31). 

An  act  entitled  "A  supplement  to  an  act,  entitled  'An  act  supple- 
mentary to  an  act  relative  to  burial  grounds  and  cemeteries  situated 
in  incorporated  boroughs,'  approved  the  nineteenth  day  of  May,  one 
thousand  eight  hundred  and  seventy-four,  changing  the  title  of  said 
act,  and  authorizing  the  court  to  make  orders  and  decrees  required 
by  the  act,  and  to  enforce  the  same  by  process,  approved  the  thir- 
teenth day  of  May,  eighteen  hundred  and  seventy-six,  further  em- 
powering courts  to  direct  removal  of  remains  in  boroughs,  cities,  and 
towns  from  burial  grounds  where  interments  have  ceased  or  have 
become  so  neglected  as  to  become  a  public  nuisance,  or  such  remains 
interfere  w^ith  the  improvements,  extensions,  and  interests  of  such 
cities,  boroughs,  or  towns,"  approved  the  twelfth  day  of  May,  one 
thousand  eight  hundred  eighty-seven  (P.  L.  96). 

An  act  entitled  "An  act  to  provide  for  licensing  and  taxing  foreign 
dealers  in  merchandise  and  their  agents  in  the  several  cities  and 
boroughs  in  the  Commonwealth,"  approved  the  twenty -fourth  day  of 
May,  one  thousand  eight  hundred  eighty-seven  (P.  L.  185). 

An  act  entitled  "An  act  declaring  and  defining  the  limits  of  town- 
ships, boroughs  and  cities  bounded  by  any  of  the  navigable  streams 
of  the  Commonwealth,"  approved  the  twenty-fourth  day  of  May,  one 
thousand  eight  hundred  eighty-seven  (P.  L.  203). 

An  act  entitled  "An  act  to  authorize  cities  and  boroughs  to  con- 
demn property  and  rights  inside  and  outside  of  their  limits,  for  the 
purpose  of  obtaining  and  supplying  water,"  approved  the  twenty- 
fifth  day  of  May,  one  thousand  eight  hundred  eighty-seven  (P.  L. 
267). 

An  act  entitled  "A  further  supplement  to  an  act,  approved  the 
eleventh  day  of  June,  Anno  Domini  one  thousand  eight  hundred  and 
seventy-nine,  entitled  'A  supplement  to  an  act  for  the  regulation  of 
boroughs,'  approved  the  third  day  of  April,  one  thousand  eight  hun- 
dred and  seventy-one,  providing  for  the  adjustment  of  indebtedness 
and  government  of  the  boroughs,  townships  and  school  districts  af- 
fected by  changes  of  limits  of  any  borough  in  the  Commonwealth," 
approved  the  first  day  of  June,  one  thousand  eight  hundred  eighty- 
seven  (P.  L.  285). 

Section  eleven  of  an  act  entitled  "An  act  authorizing  the  condem- 
nation of  turnpikes,  roads  or  highways,  heretofore  or  hereafter  con- 
structed, wholly,  or  in  part,  in  any  county  of  this  Commonwealth, 

217 


for  public  use,  free  from  tolls  and  toll-gates,  and  the  assessment, 
upon  the  proper  county,  of  the  damages  to  which  the  owner  or  own- 
ers thereof  may  be  entitled,  by  a  jury  of  viewers,  duly  appointed 
by  the  court  of  quarter  sessions  of  the  proper  county,  and  providing 
for  the  maintenance  of  any  such  condemned  turnpike,  road  or  high- 
way by  the  proper  city,  township  or  district,"  approved  the  second 
day  of  June,  one  thousand  eight  hundred  eighty-seven  (P.  L.  306). 

An  act  entitled  "An  act  to  provide  for  the  licensing  of  transient 
retail  merchants  in  cities,  boroughs  and  townships,"  approved  the 
fourth  day  of  May,  one  thousand  eight  hundred  eighty-nine  (P.  L. 
86). 

An  act  entitled  "An  act  fixing  the  compensation  of  borough  and 
township  auditors  in  this  Commonwealth,"  approved  the  fourth  day 
of  May,  one  thousand  eight  hundred  eighty-nine  (P.  L.  86). 

An  act  entitled  "An  act  relating  to  unused  streets,  lanes  and  al- 
leys," approved  the  ninth  day  of  May,  one  thousand  eight  hundred 
eighty-nine  (P.  L.  173). 

An  act  entitled  "An  act  to  provide  for  an  appeal  by  county  com- 
missioners, cities  or  other  municipalities,  and  all  persons  interested 
in  the  damages  awarded  for  laying  out,  widening,  grading,  opening 
or  changing  the  lines  or  grades  of  any  public  street,  road  or  alley 
in  this  Commonwealth,  from  the  decree  of  the  court  of  quarter  ses- 
sions confirming  the  report  of  the  viewers  assessing  such  damages," 
approved  the  fifteenth  day  of  April,  one  thousand  eight  hundred 
ninety-one  (P.  L.  17). 

An  act  entitled  "An  act  in  relation  to  the  laying  out,  opening, 
widening,  straightening,  extending  or  vacating  streets  and  alleys, 
and  the  construction  of  bridges  in  the  several  municipalities  of  this 
Commonwealth,  the  grading  paving,  macadamizing  or  otherwise  im- 
proving streets  and  alleys,  providing  for  ascertaining  the  damages 
to  private  property  resulting  therefrom,  the  assessment  of  the  dam- 
ages, costs  and  expenses  thereof  upon  the  property  benefited,  and  the 
construction  of  sewers  and  payment  of  the  damages,  costs  and  ex- 
penses thereof,  including  damages  to  private  property  resulting  there- 
from," approved  the  sixteenth  day  of  May,  one  thousand  eight  hun- 
dred ninety-one  (P.  L.  75). 

• 

An  act  entitled  "An  act  to  limit  the  period  within  which  petitions 
for  the  assessment  of  damages  for  the  opening  or  widening  of  any 
street,  road  or  highway,  may  be  filed  in  the  court  of  quarter  sessions," 
approved  the  twenty-third  day  of  May,  one  thousand  eight  hundred 
ninety-one  (P.  L.  109). 

218 


An  act  entitled  "An  act  to  provide  for  the  security  to  be  entered 
by  municipal  corporations  for  the  taking  of  land  for  the  opening  or 
widening  of  roads,  streets  and  highways,"  approved  the  twenty-third 
day  of  May,  one  thousand  eight  hundred  ninety-one  (P.  L.  109). 

An  act  entitled  "An  act  to  provide  for  an  appeal  to  the  court  of 
common  picas,  from  the  decree  of  the  court  of  quarter  sessions  con- 
firming any  award  of  viewers  in  proceedings  to  assess  damages  for 
the  opening,  widening  or  -changing  of  grade  of  any  street,  road  or 
high  way,"  approved  the  twenty-sixth  day  of  May,  one  thousand  eight 
hundred  ninety -one  (P.  L.  116). 

Section  one  of  an  act  entitled  "A  supplement  to  an  act,  entitled 
'An  act  for  future  regulations  of  appeals  from  assessment  of  damages 
to  owners  of  property  taken  for  public  use,'  approved  the  thirteenth 
day  of  June,  one  thousand  eight  hundred  and  seventy -four,"  ap- 
proved the  second  day  of  June,  one  thousand  eight  hundred  ninety- 
one  (P.  L.  172). 

An  act  entitled  "An  act  to  amend  an  act,  entitled  'An  act  to  pro- 
vide for  the  licensing  of  transient  retail  merchants  in  cities,  boroughs 
and  townships/  empowering  councils  to  increase  the  maximum  li- 
cense," approved  the  tenth  day  of  May,  one  thousand  eight  hundred 
ninety- three  (P.  L.  35). 

An  act  entitled  "An  act  to  empower  boroughs  and  cities  to  estab- 
lish a  police  pension  fund,  to  take  property  in  trust  therefor  and 
regulating  and  providing  for  the  regulation  of  the  same,"  approved 
the  twenty  fourth  day  of  May,  one  thousand  eight  hundred  ninety- 
three  (P.  L.  129). 

An  act  entitled  "An  act  to  provide  for  the  establishing  and  ascer- 
taining the  lines  and  boundaries  between  two  or  more  cities,  boroughs 
or  townships,  cities  and  boroughs,  townships  and  boroughs,  or  cities 
and  townships,  within  this  Commonwealth,  and  regulating  the  pro- 
ceedings there;?!',"  approved  the  third  day  of  June,  one  thousand  eight 
hundred  ninety-three  (P.  L.  284). 

An  act  entitled  "An  act  to  amend  the  first  section  of  an  act,  en- 
titled 'An  act  in  relations  to  the  laying  out,  opening,  widening, 
strath  ten  iii.<>,  extending  or  vacating  streets  and  alleys,  and  the  con- 
struction of  bridges  in  the  several  municipalities  of  this  Common- 
wealth, the  grading,  pjiving,  macadamizing  or  otherwise  improving 
streets  and  alleys,  providing  for  ascertaining  the  damages  to  private 
property  resulting  therefrom,  the  assessment  of  the  damages,  costs 
and  expenses  thereof  upon  the  property  benefited,  and  the  construc- 
tion of  sewers  and  payment  of  the  damages,  costs  and  expenses  there- 


219 


of,  including  damages  to  private  property  resulting  therefrom/  ap- 
proved the  sixteenth  day  of  May,  Anno  Domini  one  thousand  eight 
hundred  and  ninety-one  providing  for  assessment  of  damages  where 
streets  and  alleys  are  changed  in  grade  or  location,"  approved  the 
twelfth  day  of  June,  one  thousand  eight  hundred  ninety -three  (P.  L. 
459). 

An  act  entitled  "An  act  relating  to  actions  brought  to  ascertain  or 
recover  damages  for  appropriation  of  rights  of  way  or  easements  in 
lands  by  corporations  invested  with  the  right  of  eminent  domain, 
and  empowering  and  authorizing  owners  of  lands  and  corporations, 
municipal  or  otherwise,  desiring  to  exercise  the  right  of  eminent  do- 
main in  such  lands,  to  waive  the  assessment  of  damages  by  viewers, 
and  granting  the  right  to  either  party  to  demand  and  have  the 
jury  engaged  in  trying  such  action  visit  and  view  said  land  and 
premises,"  approved  the  twenty-first  day  of  May,  one  thousand  eight 
hundred  ninety-five  (P.  L.  89). 

An  act  entitled  "An  act  amending  section  nine  of  an  act,  entitled 
'An  act  in  relation  to  the  laying  out,  opening,  widening,  straighten- 
ing, extending  or  vacating  streets  and  alleys,  and  the  construction 
of  bridges  in  the  several  municipalities  of  this  Commonwealth,  the 
grading,  paving,  macadamizing  or  otherwise  improving  streets  and 
alleys,  providing  for  ascertaining  the  damages  to  private  property 
resulting  therefrom,  the  assessment  of  the  damages,  costs  and  ex- 
penses thereof,  upon  the  property  benefited,  and  the  construction 
of  sewers  and  payment  of  the  damages,  costs  and  expenses  thereof, 
including  damages  to  private  property  resulting  therefrom,'  approved 
May  sixteenth,  Anno  Domini  one  thousand  eight  hundred  and  ninety- 
one,  enabling  municipal  corporations  to  lay  out,  open,  widen,  extend 
and  vacate  streets  or  alleys,  upon  petition  or  without  petition  of 
property  owners,''  approved  the  twenty-second  day  of  May,  one  thou- 
sand eight  hundred  ninety -five  (P.  L.  106). 

An  act  entitled  "An  act  providing  for  the  manner  of  ascertaining 
determining,  awarding  and  paying  compensation  and  damages  in  all 
cases  where  municipalities  of  this  Commonwealth  may  hereafter  be 
authorized  by  law  to  take,  use  and  appropriate  private  property  for 
the  purpose  of  making,  enlarging  and  maintaining  public  parks 
within  the  corporate  limits  of  such  municipality,"  approved  the 
eighth  day  of  June,  one  thousand  eight  hundred  ninety-five  (P.  L. 
188). 

An  act  entitled  "An  act  to  authorize  cities,  boroughs  and  townships 
of  this  Commonwealth  to  appropriate  moneys  for  Memorial  Day  ser- 
vices," approved  the  twenty-fifth  day  of  June,  one  thousand  eight 
hundred  ninety-five  (P.  L.  298). 

220 


An  act  entitled  "An  act  conferring  upon  municipalities  the  right 
of  eminent  domain  for  the  purpose  of  appropriating  public  property 
for  the  use  of  the  National  Guard  of  Pennsylvania,"  approved  the 
twenty-sixth  day  of  June,  one  thousand  eight  hundred  ninety-five 
(P.  L.  332). 

An  act  entitled  "An  act  regulating  the  letting  of  contracts  for  the 
erection  and  construction  of  public  buildings,"  approved  the  second 
day  of  July,  one  thousand  eight  hundred  ninety-five  (P.  L.  426). 

An  act  entitled  "An  act  to  regulate  the  remuneration  of  policemen 
and  constables  employed  as  policemen  throughout  the  Commonwealth 
of  Pennsylvania,  and  prohibiting  them  from  charging  or  accepting 
any  fee  or  other  compensation,  in  addition  to  their  salary,  except  as 
public  rewards  and  mileage  for  traveling  expenses,"  approved  the 
fourteenth  day  of  July  one  thousand  eight  hundred  ninety-seven  (P. 
L.  266). 

An  act  entitled  "An  act  authorizing  any  borough  or  city  within 
this  Commonwealth  to  vacate,  change,  alter  or  relocate  the  course 
or  channel  of  any  creek,  run  or  natural  waterway,  other  than  navi- 
gable streams,  and  for  this  purpose  to  enter  upon,  condemn  and  take 
property  and  materials  necessary  to  such  vacation,  change,  alteration 
or  relocation,  and  providing  for  the  ascertainment  and  assessment 
of  costs,  damages  and  expenses,  as  well  as  the  levy  and  collection 
of  benefits  arising  therefrom,  and  constituting  such  benefits  a  lien 
upon  the  properties  upon  which  they  are  respectively  assessed,"  ap- 
proved the  twenty-eighth  day  of  April,  one  thousand  eight  hundred 
ninety-nine  (P.  L.  74). 

Section  eleven  of  an  act  entitled  "An  act  supplementary  to  an  act 
approved  the  second  day  of  June,  Anno  Domini  one  thousand  eight 
hundred  and  eighty-seven,  entitled  'An  act  authorizing  the  condemna- 
tion of  turnpikes,  roads  or  highways  heretofore  or  hereafter  con- 
structed, wholly,  or  in  part,  in  any  county  of  this  Commonwealth, 
for  public  use,  free  from  tolls  and  toll  gates,  and  the  assessment, 
upon  the  proper  county,  of  the  damages  to  which  the  owner  or  owners 
thereof  may  be  entitled,  by  a  jury  of  viewers,  duly  appointed  by  the 
court  of  quarter  sessions  of  the  proper  county,  and  providing  for  the 
maintenance  of  any  such  condemned  turnpike,  road  or  highway  by 
the  proper  city,  township  or  district,'  extending  its  provisions,  so  as 
to  authorize  the  condemnation  of  any  turnpike,  road  or  highway,  in 
whole  or  in  part  located  upon  the  line  dividing  two  counties,  and  to 
assess  the  damages,  payable  to  the  owner  or  owners  thereof  equitably 
between  such  two  counties,"  approved  the  twenty-eighth  day  of  April, 
one  thousand  eight  hundred  ninety-nine  (P.  L.  79). 

An  act  entitled  "An  act  amending  section  eight  of  an  act,  entitled 
'An  act  in  relation  to  the  laying  out,  opening,  widening,  straighten- 

221 


ing,  extending  or  vacating  streets  and  alleys,  and  4he  construction  of 
bridges  in  the  several  municipalities  of  this  Commonwealth,  the 
grading,  paving,  macadamizing  or  otherwise  improving  streets  and 
alleys,  providing  for  ascertaining  the  damages  to  private  property 
resulting  therefrom,  the  assessment  of  the  damages,  costs  and  ex- 
penses thereof  upon  the  property  benefited,  and  the  construction  of 
sewers  and  payment  of  the  damages,  costs  and  expenses  thereof,  in- 
cluding damages  to  private  property  resulting  therefrom,'  approved 
May  sixteenth,  Anno  Domini  one  thousand  eight  hundred  and  ninety- 
one,  extending  the  provisions  of  said  act  to  the  grading,  paving, 
curbing,  macadamizing,  or  improvement  of  parts  of  streets  or  al- 
leys," approved  the  twenty-eighth  day  of  April,  one  thousand  eight 
hundred  ninety-nine  (P.'  L.  100). 

An  act  entitled  "An  act  to  provide  for  the  licensing  of  transient, 
retail  merchants  in  cities,  boroughs  and  townships,  and  providing 
a  penalty  for  failure  to  obtain  the  same,"  approved  the  second  day  of 
May,  one  thousand  eight  hundred  ninety-nine  (P.  L.  159). 

An  act  entitled  "An  act  making  it  lawful  for  any  municipality, 
in  which  a  corporation  created  and  existing  under  and  by  virtue  of 
the  laws  of  this  Commonwealth,  have  constructed  and  are  maintain- 
ing, or  may  hereafter  construct  and  maintain,  sewers,  culverts,  con- 
duits and  pipes,  with  the  necessary  inlets  and  appliances,  for  sur- 
face, under  surface  and  sewage  drainage,  to  become  the  owner  of 
such  sewers,  culverts,  conduits  and  pipes,  with  the  necessary  inlets 
and  appliances  aforesaid;  providing  the  amount  to  be  paid  for  the 
same,  and  the  manner  of  ascertaining  such  amount  in  case  of  dis- 
agreement between  the  municipality  and  the  corporation  owning  the 
same,"  approved  the  nineteenth  day  of  April,  one  thousand  nine  hun- 
dred one  (P.  L.  82). 

An  act  entitled  "An  act  authorizing  borough  councils  or  school 
boards  of  this  Commonwealth  to  purchase,  acquire,  take,  use  and  ap- 
propriate private  property  for  public  library  purposes,  and  provid- 
ing the  manner  in  which  damages  sustained  thereby  shall  be  assessed 
and  collected,"  approved  the  eleventh  day  of  May,  one  thousand  nine 
hundred  one  (P.  L.  169). 

An  act  entitled  "An  act  to  provide  for  the  alteration  of  the  boun- 
daries of  townships  and  boroughs  in  certain  cases,  and  the  adjust- 
ment of  the  indebtedness  thereof,"  approved  the  eleventh  day  of 
May,  one  thousand  nine  hundred  one  (P.  L.  177). 

Section  two  of  an  act  entitled  "An  act  authorizing  the  abandon- 
ment by  turnpike  road  or  highway  companies  of  such  portion  or  por- 
tions of  their  turnpike  roads  or  highways  as  are  separated,  as  to 
ownership  or  possession,  from  the  longest  continuous  portion  thereof 
remaining  in  the  possession  or  ownership  of  such  companies  after  the 

222 


appropriation  or  condemnation  to  public  use  of  an  intermediate  por- 
tion or  portions  thereof;  also  prescribing  the  method  of  making  such 
abandonment  and  the  giving  of  notice  thereof  to  township  authori- 
ties, and  providing  for  the  future  disposition  of  such  abandoned 
portion  or  portions  of  said  turnpike  roads  or  highways,"  approved 
the  fourth  day  of  June,  one  thousand  nine  hundred  one  (P.  L.  359). 

An  act  entitled  "An  act  relating  to  railroad  crossings  of  highways, 
and  for  the  regulation,  alteration  and  abolition  of  grade  crossings, 
excej) t  in  cities  of  the  first  and  second  classes,"  approved  the  seventh 
day  of  June,  one  thousand  nine  hundred  one  (P.  L.  531). 

An  act  entitled  "An  act  authorizing  and  empowering  boroughs 
and  incorporated  towns  to  take,  use  and  appropriate  private  prop- 
erty for  necessary  public  buildings  and  works  within  the  corporate 
limits  of  such  municipality;  and  providing  for  the  manner  of  as- 
i-f running,  determining,  awarding  and  paying  compensation  and 
damages  therefor,"  approved  the  tenth  day  of  June,  one  thousand 
nine  hundred  one  (P.  L.  555). 

An  act  entitled  "An  act  for  the  establishment  and  maintenance 
of  public  libraries  in  cities  of  the  second  and  third  class  and  in  bor- 
oughs," approved  the  seventeenth  day  of  June,  one  thousand  nine 
hundred  one  (P.  L.  569). 

An  act  entitled  "An  act  regulating  the  filing  of  reports  of  viewers, 
or  juries  of  view,  appointed  by  the  courts  of  this  Commonwealth  to 
assess  damages  and  benefits  for  the  taking,  injury  or  destruction 
of  private  property  in  the  construction  or  enlargement  of  public 
works,  highways  or  improvements,"  approved  the  eighteenth  day  of 
March,  one  thousand  nine  hundred  three  (P.  L.  28). 

An  act  entitled  "An  act  authorizing  councils,  in  boroughs  and  in 
cities  of  the  second  class  and  third  class,  within  this  Common- 
wealth, to  issue  subpoenas,  and  to  take  the  testimony  of  witnesses  in 
any  pending  case  of  inquiry,  investigation,  or  impeachment;  also 
providing  for  the  compulsory  production  of  books  and  papers,  and 
a  mode  of  compelling  the  attendance  of  witnesses,  by  attachment 
for  contempt;  and  providing  for  the  punishment  of  perjury,  by  wit- 
nesses so  called,"  approved  the  nineteenth  day  of  March,  one  thou- 
sand nine  hundred  three  (P.  L.  31). 

An  act  entitled  "An  act  amending  section  nine  of  an  act,  entitled 
'An  act  in  relation  to  the  laying  out,  opening,  widening,  straighten- 
ing, extending  or  vacating  streets  and  alleys  and  the  construction 
of  bridges  in  the  several  municipalities  of  this  Commonwealth,  the 
grading,  paving,  macadamizing  or  otherwise  improving  streets  and 
alleys,  providing  for  ascertaining  the  damages  to  private  property 

15— C  223 


resulting  therefrom,  the  assessment  of  the  damages,  costs  and  ex- 
penses thereof  upon  the  property  benefited,  and  the  construction  of 
sewers  and  payment  of  the  damages,  costs  and  expenses  thereof,  in- 
cluding damages  to  private  property  resulting  therefrom/  approved 
May  sixteenth,  Anno  Domini  one  thousand  eight  hundred  and  ninety- 
one,  enabling  municipal  corporations  to  lay  out,  open,  widen,  extend, 
and  vacate  streets  or  alleys,  upon  petition  or  without  petition  of 
property  owners,  as  amended  by  the  act  approved  the  twenty-second 
day  of  May,  Anno  Domini  one  thousand  eight  hundred  and  ninety- 
five,  providing  for  the  approval  of  ordinances  by  the  city  recorder 
and  the  publication  of  the  ordinances,"  approved  the  nineteenth  day 
of  March,  one  thousand  nine  hundred  three  (P.  L.  35). 

An  act  entitled  "An  act  to  provide  for  the  confirmation  of  the  re- 
ports of  viewers,  or  juries  of  view,  appointed  by  the  courts  of  quarter 
sessions  to  assess  damages  and  benefits,  and  for  the  collection  of  dam- 
ages in  such  proceedings,"  approved  the  twenty-seventh  day  of  March, 
one  thousand  nine  hundred  three  (P.  L.  83). 

An  act  entitled  "An  act  amending  sections  two  and  six  of  an  act, 
entitled  'An  act  in  relation  to  the  laying  out,  opening,  widening, 
straightening,  extending  or  vacating  streets  and  alleys,  and  the  con- 
struction of  bridges  in  the  several  municipalities  of  this  Common- 
wealth, the  grading,  paving,  macadamizing  or  otherwise  improving 
streets  and  alleys,  providing  for  ascertaining  the  damages  to  private 
property  resulting  therefrom,  the  assessment  of  the  damages,  costs 
and  expenses  thereof  upon  the  property  benefited,  and  the  construc- 
tion of  sewers  and  payment  of  the  damages,  costs  and  expenses 
thereof,  including  damages  to  private  property  resulting  therefrom,7 
approved  the  sixteenth  day  of  May,  Anno  Domini  one  thousand  eight 
hundred  ninety-one,"  approved  the  second  day  of  April,  one  thousand 
nine  hundred  three  (P.  L.  124). 

An  act  entitled  "An  act  enabling  the  burgess  and  council  of  any 
borough  or  incorporated  town,  by  ordinance,  to  annex  to  the  borough 
or  incorporated  town  adjacent  territory  upon  petition  of  a  majority 
of  the  freehold  owners  thereof,"  approved  the  twenty-second  day  of 
April,  one  thousand  nine  hundred  three  (P.  L.  247). 

An  act  entitled  "An  act  to  permit  farmers  to  sell  their  own  pro- 
ducts without  a  license-fee,  in  and  about  the  streets  of  any  borough 
or  city  of  this  Commonwealth,"  approved  the  twenty-second  day  of 
April,  one  thousand  nine  hundred  three  (P.  L.  258). 

An  act  entitled  "An  act  to  further  define  the  police  power  of  cities 
of  the  third  class  and  boroughs,  with  reference  to  electric  light 
wires,"  approved  the  twenty-eighth  day  of  April,  one  thousand  nine 
hundred  three  (P.  L.  335). 

224 


An  act  entitled  "An  act  authorizing  the  municipalities  of  the 
Common  wealth  to  vacate,  in  whole  or  in  part,  all  streets,  lanes  and 
alleys  within  their  corporate  limits,  laid  out  by  this  Commonwealth, 
whenever  the  same,  or  the  portion  to  be  vacated,  shall  have  re- 
mained unopened  for  a  continuous  period  of  thirty  years  next  pre- 
ceding such  vacation,"  approved  the  twenty-first  day  of  March,  one 
thousand  nine  hundred  five  (P.  L.  46). 

An  act  entitled  "An  act  providing  for  the  payment  of  the  expense 
of  maintaining  prisoners,  committed  to  county  prisons  for  non-pay- 
ment of  fines  or  penalties  imposed  for  the  violation  of  city  or  bor- 
ough ordinances,  or  ordinances  of  townships  of  the  first  class,  by  the 
city,  borough,  or  township  of  the  first  class,  to  which  such  fines  are 
payable,"  approved  the  twenty-eighth  day  of  March,  one  thousand 
nine  hundred  five  (P.  L.  61). 

An  act  entitled  "An  act  to  provide  for  the  vacation  and  closing  of 
alleys,  lanes,  or  passageways  that  are,  or  may  hereafter  become,  pub- 
lic nuisances;  and  to  compensate  abutting  property  owners  or  others 
who  may  be  damaged  thereby,  and  assess  benefits,  if  any  there  be," 
approved  the  seventeenth  day  of  April,  one  thousand  nine  hundred 
five  (P.  L.  193). 

An  act  entitled  "An  act  supplementary  to  an  act,  entitled  'An  act 
in  relation  to  the  laying  out,  opening,  widening,  straightening,  ex- 
tending or  vacating  streets  and  alleys,  and  the  construction  of 
bridges,  in  the  several  municipalities  of  this  Commonwealth,  the 
grading,  paving,  macadamizing  or  otherwise  improving  streets  and 
alleys,  providing  for  ascertaining  the  damages  to  private  property 
resulting  therefrom,  the  assessment  of  the  damages,  costs  and  ex- 
penses thereof  upon  the  property  benefited,  and  the  construction  of 
sewers  and  the  payment  of  the  damages,  costs  and  expenses  thereof, 
including  the  damages  to  private  property  resulting  therefrom/  ap- 
proved the  sixteenth  day  of  May,  Anno  Domini  one  thousand  eight 
hundred  and  ninety-one;  relating  to  exceptions  and  to  the  confirma- 
tion of  the  reports  of  viewers  and  of  parts  thereof,  and  of  appeals  to 
the  Superior  and  Supreme  Court  from  the  confirmation  of  viewers' 
reports  or  parts  thereof,  the  manner  of  taking  the  same  and  the  effect 
thereof"  approved  the  eighteenth  day  of  April,  one  thousand  nine 
hundred  five  (P.  L.  198). 

An  act  entitled  "An  act  to  provide  for  the  repair  and  maintenance 
or  improvement,  by  the  proper  county,  city  or  borough,  of  turnpikes 
heretofore  or  hereafter  appropriated  or  condemned,  or  any  part 
thereof,  for  public  use  free  of  tolls,"  approved  the  twentieth  day  of 
April,  one  thousand  nine  hundred  five  (P.  L.  237). 


225 


An  act  entitled  "An  act  authorizing  vacation  of  public  highways 
at  grade  crossings  over  railroads,  and  the  opening  of  undergrade  or 
overgrade  crossings  in  lieu  thereof,  by  the  court  of  quarter  sessions," 
approved  the  twenty-second  day  of  April,  one  thousand  nine  hundred 
five  (P.  L.  295). 

An  act  entitled  "An  act  authorizing  the  county  commissioners  of 
the  several  counties,  or  the  town  councils  of  the  several  boroughs, 
of  this  Commonwealth,  or  both,  to  appropriate  annually  a  sufficient 
sum  of  money  to  each  Post  of  the  Grand  Army  of  the  Republic,  in 
their  respective  counties  or  boroughs,  to  aid  in  defraying  the  expenses 
of  Memorial  Day,"  approved  the  twenty-first  day  of  March,  one  thou- 
sand nine  hundred  seven  (P.  L.  22). 

An  act  entitled  "An  act  supplementary  to  an  act,  entitled  'An  act 
enabling  the  burgess  and  council  of  any  borough  or  incorporated 
town,  by  ordinance,  to  annex  to  the  borough  or  incorporated  town 
adjacent  territory,  upon  petition  of  a  majority  of  the  freehold  own- 
ers 'thereof/  approved  the  twenty-second  day  of  April,  one  thousand 
nine  hundred  and  three;  enabling  the  burgess  and  council  of  any 
borough  or  incorporated  town,  by  ordinance,  to  annex  to  the  bor- 
ough or  incorporated  town  adjacent  territory,  in  the  same  or  an  ad- 
joining county,  upon  petition  of  a  majority  of  the  freehold  owners 
thereof,"  approved  the  twenty-first  day  of  March,  one  thousand  nine 
hundred  seven  (P.  L.  25). 

An  act  entitled  "An  act  fixing  the  pay  of  commissioners  of  roads, 
viewers,  reviewers,  and  re-reviewers  of  roads  and  bridges,  and  com- 
missioners appointed  to  run,  establish  or  re'-establish  township  lines, 
or  to  divide  townships,  or  to  divide  townships  into  election  districts, 
or  boroughs  into  wards,  in  this  Commonwealth,"  approved  the 
fourth  day  of  April,  one  thousand  nine  hundred  seven  (P.  L.  44). 

An  act  entitled  "An  act  to  amend  section  one  of  the  act,  approved 
May  twenty-fifth,  one  thousand  eight  hundred  and  eighty-seven,  en- 
titled 'An  act  to  authorize  cities  and  boroughs  to  condemn  property 
and  rights,  inside  and  outside  of  their  limits,  for  the  purpose  of  ob- 
taining and  supplying  water,'  so  as  to  include  springs,"  approved 
the  fifteenth  day  of  April,  one  thousand  nine  hundred  seven  (P.  L. 
90). 

An  act  entitled  "An  act  to  amend  the  first  section  of  an  act,  en- 
titled 'An  act  to  provide  for  the  repair  and  maintenance  or  im- 
provement, by  the  proper  county,  city,  or  borough  of  turnpikes  here- 
tofore or  hereafter  appropriated  or  condemned,  or  any  part  thereof, 
for  public  .use  free  of  tolls,'  approved  the  twentieth  day  of  April, 
Anno  Domini  one  thousand  nine  hundred  and  five;  providing  for  the 
repair  and  maintenance  or  improvement,  by  the  proper  county,  city, 

226 


or  borough,  of  turnpikes  heretofore  or  hereafter  abandoned,  or  any 
part  thereof,  and  for  the  repair,  maintenance,  or  improvement  of 
any  turnpike,  or  part  thereof,  where  the  company  or  association 
owning  the  same  has  been  or  may  hereafter  be  dissolved,"  approved 
the  twenty-iiHh  day  of  April,  one  thousand  nine  hundred  seven  (P. 
L.  104). 

An  act  entitled  "An  act  authorizing  municipal  corporations,  own- 
ing their  own  water  systems,  to  relocate  roads  destroyed  by  over- 
ilo\v  of  reservoirs,  or  otherwise,  and  to  acquire  land  to  preserve 
water-supply  from  contamination,"  approved  the  seventh  day  of  May, 
one  thousand  nine  hundred  seV^en  (P.  L.  167). 

An  act  entitled  "An  act  exempting  certain  real  estate  from  the 
power  of  eminent  domain  as  exercised  by  corporations  incorporated 
under  the  laws  of  Pennsylvania,"  approved  the  tenth  day  of  May,  one 
thousand  nine  hundred  seven  (P.  L.  196). 

An  act  entitled  "An  act  providing  for  the  payment  of  the  pre- 
miums on  bonds  of  county,  city,  borough,  school-district,  and  town- 
ship employes,"  approved  the  twenty-third  day  of  May,  one  thousand 
nine  hundred  seven  (P.  L.  225). 

An  act  entitled  "An  act  to  provide  for  the  alteration  of  the  boun- 
daries of  contiguous  boroughs  and  townships  within  this  Common- 
wealth, by  detaching  part  or  parts  of  the  land  embraced  within  the 
lines  of  any  borough  and  annexing  such  territory  to  any  adjacent 
or  contiguous  township  or  townships;  and  for  adjustment  of  the 
indebtedness  of  the  boroughs  and  townships  affected  by  such  change 
of  boundaries  or  limits,"  approved  the  twenty-eighth  day  of  May, 
one  thousand  nine  hundred  seven  (P.  L.  264). 

An  act  entitled  "An  act  to  authorize"  municipalities  or  townships 
to  make  assessments  for  municipal  improvements  outside  of  their 
corporate  limits,  under  certain  conditions,"  approved  the  twenty- 
eighth  day  of  May,  one  thousand  nine  hundred  seven  (P.  L.  287). 

An  act  entitled  "An  act  to  provide  for  the  planting  and  care  of 
shade-trees,  on  highways  of  townships  of  the  first  class,  boroughs,  and 
cities  of  the  Commonwealth  of  Pennsylvania,  and  providing  for  the 
cost  thereof,"  approved  the  thirty-first  day  of  May,  one  thousand  nine 
hundred  seven  (P.  L.  349). 

An  act  entitled  "An  act  providing  for  the  acquiring  of  water 
plants  or  systems  by  municipalities,  from  corporations,  firms,  or  in- 
dividuals, and  the  manner  of  ascertaining  and  arriving  at  the  value 
of  the  same;  and  to  authorize  municipalities  of  this  Commonwealth 
to  issue  bonds,  secured  by  such  water  plants  or  systems,  for  the 


227 


^ 

payment  thereof;  and  to  provide  a  sinking-fund  therefor,  out  of  the 
revenues  of  said  plants/'  approved  the  thirty-first  day  of  May,  one 
thousand  nine  hundred  seven  (P.  L.  355). 

An  act  entitled  "An  act  to  amend  section  one  of  an  act,  entitled 
'An  act  authorizing  and  empowering  borough  and  incorporated  towns 
to  take,  use,  and  appropriate  private  property  for  necessary  public 
buildings  and  works  within  the  corporate  limits  of  such  municipal- 
ity; and  providing  for  the  manner  of  ascertaining,  determining, 
awarding  and  paying  compensation  and  damages  therefor/  approved 
June  tenth,  one  thousand  nine  hundred  and  one;  extending  the  provi- 
sions of  the  act  to  the  taking,  use  and  appropriation  of  private  prop- 
erty for  a  filter  plant/'  approved  the  first  day  of  June,  one  thousand 
nine  hundred  seven  (P.  L.  365). 

An  act  entitled  "An  act  providing  a  method  to  secure  possession 
of  lands,  buildings  or  other  property  acquired  under  the  power  of 
eminent  domain,"  approved  the  seventh  day  of  June,  one  thousand 
nine  hundred  seven  (P.  L.  461). 

An  act  entitled  "An  act  to  provide  for  the  vacation  and  closing  of 
alleys,  lanes,  or  passageways  that  are  or  may  hereafter  become  public 
nuisances  and  to  compensate  abutting  property  owners  or  others  who 
may  be  damaged  thereby,  and  assess  benefits  if  any  there  be,"  ap- 
proved the  eighth  day  of  June,  one  thousand  nine  hundred  seven  (P. 
L.  503). 

An  act  entitled  "An  act  relating  to  armories  for  the  National  Guard 
of  Pennsylvania;  authorizing  counties,  cities,  towns,  boroughs,  and 
other  municipal  divisions  of  the  Commonwealth  to  provide  and  ap- 
propriate moneys,  or  purchase  and  convey  land,  or  convey  land 
owned  by  any  county,  city,  town,  borough  or  other  municipal  division 
of  the  Commonwealth,  to  assist  the  Armory  Board  in  the  erection 
of  armories,  and  to  furnish,  free  of  cost  to  the  Commonwealth,  water, 
light,  fuel,  either  or  all,  for  use  in  any  armory,"  approved  the  fif- 
teenth day  of  March,  one  thousand  nine  hundred  nine  (P.  L.  33). 

An  act  entitled  "An  act  authorizing  municipalities  to  purchase  or 
condemn  public  toll-bridges  crossing  rivers  or  streams  within  the 
limits  thereof;  and  giving  power  to  municipalities  to  charge  and 
collect  tolls  or  rentals,  for  the  use  of  any  such  bridge,  from  railway, 
telephone,  and  telegraph  companies,  and  other  persons  making  a  use 
thereof  for  other  than  ordinary  public  foot  and  vehicle  travel;  and 
providing  for  the  preservation  of  existing  contracts  with  such  per- 
sons, and  their  assignment  to  such  municipality,"  approved  the 
twenty -fourth  day  of  March,  one  thousand  nine  hundred  nine  (P. 
L.  67). 

228 


An  act  entitled  "An  act  to  amend  an  act  approved  the  fourth  day 
of  April,  Anno  Domini  one  thousand  nine  hundred  and  seven, •  en- 
titled 'An  act  providing  for  the  recovery  and  collection  of  municipal 
claims  by  lien  or  by  action  of  assumpsit,'  by  conferring  jurisdiction 
upon  justices  of  the  peace,  in  such  cases,""  approved  the  twenty- 
fifth  day  of  March,  one  thousand  nine  hundred  nine  (P.  L.  78). 

An  act  entitled  "An  act  to  permit  the  acquisition  of  forest  or  other 
suitable  lands  by  municipalities,  for  the  purpose  of  establishing 
municipal  forests;  and  providing  for  the  administration,  mainte- 
nance, protection,  and  development  of  such  forests,"  approved  the 
twenty-second  day  of  April,  one  thousand  nine  hundred  nine  (P. 
L.  124). 

An  act  entitled  "An  act  to  amend  sections  five  and  six  of  an  act, 
entitled  'An  act  providing  for  the  acquiring  of  water  plants  or  sys- 
.tems  by  municipalities,  from  corporations,  firms,  or  individuals,  and 
the  manner  of  ascertaining  and  arriving  at  the  value  of  the  same; 
and  to  authorize  municipalities  of  this  Commonwealth  to  issue  bonds, 
secured  by  such  water  plants  or  systems,  for  the  payment,  thereof; 
and  to  provide  a  sinking-fund  therefor,  out  of  the  revenues  of  said 
plants,'  approved  May  thirty-first,  one  thousand  nine  hundred  and 
seven ;  limiting  the  liability  of  municipalities  on  the  bonds  issued  for 
such  water  plants  or  systems,  and  providing  that  the  bonds  mentioned 
in  said  act  shall  be  payable  in  thirty  years  from  the  date  of  their 
issue,"  approved  the  twenty-second  day  of  April,  one  thousand  nine 
hundred  nine  (P.  L.  135). 

An  act  entitled  "An  act  to  empower  township  and  borough  audi- 
tors to  employ  an  attorney,  and  providing  for  their  compensation," 
approved  the  twenty-seventh  day  of  April,  one  thousand  nine  hun- 
dred nine  (P.  L.  261). 

An  act  entitled  "An  act  to  amend  sections  one  and  two  of  an  act, 
entitled  'A  supplement  to  an  act,  entitled  "An  act  supplementary  to 
an  act  relative  to  burial-grounds  and  cemeteries  situated  in  in- 
corporated boroughs,  approved  the  nineteenth  day  of  May,  one 
thousand  eight  hundred  and  seventy-four,  changing  the  title  of  said 
act,  and  authorizing  the  court  to  make  orders  and  decrees  required 
by  the  act,  and  to  enforce  the  same  by  process,"  approved  the  thir- 
teenth day  of  May,  eighteen  hundred  and  seventy-six,  further  em- 
powering courts  to  direct  removal  of  remains  in  boroughs,  cities  and 
towns  from  burial  grounds  where  interments  have  ceased  or  have 
become  so  neglected  as  to  become  a  public  nuisance,  or  such  remains 
interfere  with  the  improvements,  extensions,  and  interests  of  such 
cities,  boroughs,  or  towns,'  by  further  providing  that  such  removal 
may  be  authorized  when  said  lands  shall  be  desired  by  said  munici- 


229 


palities,  or  the  school  districts  thereof,  for  the  erection  of  municipal, 
school  or  public  library  buildings  thereon,  or  for  any  other  public 
purpose,"  approved  the  twenty-ninth  day  of  April,  one  thousand  nine 
hundred  nine  (P.  L.  291). 

An  act  entitled  "An  act  relating  to  the  settlements  and  audits 
of  the  accounts  of  all  officers  of  boroughs,  townships,  poor  districts, 
and  school  districts,  and  appeals  therefrom  to  the  common  pleas  and 
thence  to  the  Supreme  and  Superior  Courts,  and  providing  a  penalty 
for  violations  thereof,"  approved  the  third  day  of  May,  one  thousand 
nine  hundred  nine  (P.  L.  392). 

An  act  entitled  "An  act  authorizing  townships  of  the  first  class 
and  boroughs  of  this  Commonwealth  to  acquire,  by  taking  and  ap- 
propriating under  right  of  eminent  domain,  and  by  gift,  devise,  pur- 
chase, lease  and  otherwise,  private  property,  for  the  purpose  of  mak- 
ing, enlarging,  extending,  and  maintaining  public  parks,  parkways, 
and  playgrounds;  requiring  the  consent  of  the  qualified  electors  to 
such  acquiring  in  certain  cases,  and  providing  the  procedure  for  ob- 
taining such  consent;  authorizing  the  said  townships  and  boroughs 
to  improve,  maintain,  and  regulate  such  parks,  parkways  and  play- 
grounds; and  providing  for  the  manner  of  securing,  ascertaining, 
determining,  awarding,  and  paying  compensation  and  damages  where 
property  is  taken,  used,  and  appropriated  for  the  said  purposes," 
approved  the  third  day  of  May,  one  thousand  nine  hundred  nine 
(P.  L.  401). 

An  act  entitled  "A  supplement  to  an  act,  entitled  'An  act  relating 
to  roads,  highways  and  bridges,'  approved  the  thirteenth  day  of  June, 
Anno  Domini  eighteen  hundred  and  thirty-six,"  approved  the  fifth 
day  of  May,  one  thousand  nine  hundred  eleven  (P.  L.  123). 

An  act  entitled  "An  act  to  amend  section  one  of  'An  act  authoriz- 
ing and  empowering  boroughs  and  incorporated  towns  to  take,  use, 
and  appropriate  private  property  for  necessary  public  buildings  and 
works  within  the  corporate  limits  of  such  municipality;  and  provid- 
ing for  the  manner  of  ascertaining,  determining,  awarding,  and  pay- 
ing compensation  and  damages,  therefor/  approved  the  tenth  day  of 
June,  one  thousand  nine  hundred  and  one,  so  as  to  extend  the  same 
to  townships  of  the  first  class,"  approved  the  fifth  day  of  May,  one 
thousand  nine  hundred  eleven  (P.  L.  168). 

An  act  entitled  "An  act  to  empower  any  taxpayer  of  any  town- 
ship, borough,  poor  district,  or  school  district,  upon  providing  for 
costs,  to  appeal  in  behalf  of  such  municipality  to  the  court  of  com- 
mon pleas  of  the  proper  county,  from  the  judgment  of  any  justice 
of  the  peace  or  alderman  against  such  municipality,  and  to  become 
a  party  to  such  suit,"  approved  the  eleventh  day  of  May,  one  thou- 
sand nine  hundred  eleven  (P.  L,  208). 

230 


Aii  act  cniiilcd  "An  ad  providing  for  the  payment  of  the  costs  of 
piocci'dings  and  the  expenses  of  maintaining  prisoners  committed  to 
county  prisons,  either  for  non-payment  of  fines  or  penalties  imposed 
for,  or  while  awaiting  a  hearing  upon,  any  charge  for  the  violation  of 
any  city  or  borough  ordinance,  or  any  ordinance  of  townships  of  the 
ilrst  class,  by  the  city,  borough,  or  township  of  the  first  class  whose 
ordinances  are  alleged  to  have  been  violated,  or  to  which  any  such 
lines  or  penal  lies  are  payable,"  approved  the  seventh  day  of  June, 
one  thousand  nine  hundred  eleven  (P.  L.  677). 

An  act  entitled  "An  act  fixing  the  time  for  organization  of  the 
legislative  departments  of  municipal  governments,  and  for  the  in- 
auguration of  mayors  of  cities,"  approved  the  ninth  day  of  June, 
one  thousand  nine  hundred  eleven  (P.  L.  857). 

An  act  entitled  "An  act  to  amend  the  first  section  of  an  act,  ap- 
proved the  twenty-first  day  of  March,  Anno  Domini  one  thousand 
nine  hundred  and  seven,  entitled  'An  act  authorizing  the  county 
commissioners  of  the  several  counties,  or  the  town  councils  of  the 
several  boroughs,  of  this  Commonwealth,  or  both,  to  appropriate 
annually  a  sufficient  sum  of  money  to  each  Post  of  the  Grand  Army 
of  the  Republic,  in  their  respective  counties  or  boroughs,  to  aid  in 
defraying  the  expenses  of  Memorial  Day,'  by  requiring  the  com- 
missioners to  make  the  payments  specified,  and  fixing  the  maximum 
amount  thereof,"  approved  the  ninth  day  of  June,  one  thousand  nine 
hundred  eleven  (P.  L.  863). 

An  act  entitled  "An  act  relating  to  the  settlement  and  audit  of 
the  accounts  of  all  officers,  elected  or  appointed,  of  boroughs,  town- 
ships, poor  districts,  and  school  districts;  prescribing  the  time  for 
such  settlement  and  audits,  for  the  matters  to  be  contained  in  the 
report  of  settlement  and  audit,  for  the  filing  of  said  report  in  the 
office  of  the  clerk  of  quarter  sessions,  and  for  appeals  to  the  court 
of  common  pleas  and  Superior  and  Supreme  Courts,"  approved  the 
ninth  day  of  June,  one  thousand  nine  hundred  eleven  (P.  L.  865). 

An  act  entitled  "An  act  providing  a  system  whereby  boroughs  may 
build  sewers;  grade,  sub-grade,  and  pave  streets  and  alleys;  pay  the 
costs  thereof  by  the  issue  of  bonds,  and  collect  the  same  from  the 
property  benefited,  in  instalments,"  approved  the  fifteenth  day  of 
June,  one  thousand  nine  hundred  eleven  (P.  L.  971). 

An  act  entitled  "An  act  to  amend  the  second  section  of  an  act,  ap- 
proved the  twenty-fifth  day  of  May,  Anno  Domini  one  thousand  eight 
hundred  and  eighty-seven,  entitled  'An  act  to  authorize  cities  and 
boroughs  to  condemn  property  and  rights,  inside  and  outside  of 
their  limits,  for  the  purpose  of  obtaining  and  supplying  water/  by 
fixing  the  number  of  the  viewers  at  three,"  approved  the  nineteenth 
day  of  June,  one  thousand  nine  hundred  eleven  (P.  L.  1033). 

231 


An  act  entitled  "An  act  to  amend  the  first  section\>f  an  act,  ap- 
proved the  eighth  day  of  June,  Anno  Domini  one  thousand  nine 
hundred  and  seven,  entitled  'An  act  to  provide  for  the  vacation  and 
closing  of  alleys,  lanes,  or  passageways  that  are,  or  may  hereafter 
become,  public  nuisances,  and  to  compensate  abutting  property  own- 
ers or  others  who  may  be  damaged  thereby,  and  assess  benefits  if 
any  there  be/  by  fixing  the  number  of  the  jury  at  three,"  approved 
the  nineteenth  day  of  June,  one  thousand  nine  hundred  eleven  (P.  L. 
1036). 

An  act  entitled  "An  act  to  amend  the  first  section  of  an  act,  ap- 
proved the  seventeenth  day  of  April,  Anno  Domini  one  thousand 
nine  hundred  and  five,  entitled  'An  act  to  provide  for  the  vacation 
and  closing  of  alleys,  lanes,  or  passageways  that  are,  or  may  here- 
after become,  public  nuisances;  and  to  compensate  abutting  prop- 
erty owners  or  others  who  may  be  damaged  thereby,  and  assess  bene- 
fits if  any  there  be,'  by  fixing  the  number  of  the  jury  at  three,"  ap- 
proved the  twentieth  day  of  June,  one  thousand  nine  hundred  eleven 
(P.  L.  1087). 

An  act  entitled  "An  act  to  amend  the  first  section  of  an  act,  ap- 
proved the  tenth  day  of  June,  one  thousand  nine  hundred  one,  en- 
titled 'An  act  authorizing  and  empowering  boroughs  and  incorpor- 
ated towns  to  take,  use,  and  appropriate  private  property  for  neces- 
sary public  buildings  and  work  within  the  corporate  limits  of  such 
municipality;  and  providing  for  the  manner  of  ascertaining,  deter- 
mining, awarding,  and  paying  compensation  and  damages  therefor/ 
as  amended  by  the  first  section  of  an  act,  approved  the  fifth  day  of 
May,  one  thousand  nine  hundred  eleven,  entitled  'An  act  to  amend 
section  one  of  "An  act  authorizing  and  empowering  boroughs  and 
incorporated  towns  to  take,  use,  and  appropriate  private  property  for 
necessary  public  buildings  and  works  within  the  corporate  limits  of 
such  municipality;  and  providing  for  the  manner  of  ascertaining, 
determining,  awarding,  and  paying  compensation  and  damages  there- 
for," approved  the  tenth  day  of  June,  one  thousand  nine  hundred 
and  one,  so  as  to  extend  the  same  to  townships  of  the  first  class,'  by 
extending  the  act  to  include  townships  of  the  second  class,"  approved 
the  fifteenth  day  of  April,  one  thousand  nine  hundred  thirteen  (P.  L. 
66). 

An  act  entitled  "An  act  regulating  the  letting  of  certain  contracts 
for  the  erection,  construction,  and  alteration  of  public  buildings," 
approved  the  first  day  of  May,  one  thousand  nine  hundred  thirteen 
(P.  L.  155). 

An  act  entitled  "A  supplement  to  an  act,  entitled  'An  act  in  rela- 
tion to  the  laying  out,  opening,  widening,  straightening,  extending, 
or  vacating  streets  and  alleys,  and  the  construction  of  bridges,  in 

232 


the  several  municipalities  of  this  Commonwealth;  the  grading,  pav- 
ing, macadamizing,  or  otherwise  improving,  streets  and  alleys;  pro- 
viding for  ascertaining  the  damages  to  private  property  resulting 
therefrom,  the  assessment  of  the  damages,  costs,  and  expenses  thereof 
upon  the  property  benefited,  and  the  construction  of  sewers  and  pay- 
ment of  the  damages,  costs,  and  expenses  thereof,  including  damages 
to  private  property  resulting  therefrom,'  approved  the  sixteenth  day 
of  MJIY,  Anno  Domini  one  thousand  eight  hundred  and  ninety-one; 
empowering  municipalities  to  locate  streets  and  alleys,  and  to  in- 
clude therein  streets  and  alleys,  or  parts  thereof,  theretofore  opened 
or  used  for  highway  purposes/'  approved  the  fifteenth  day  of  May, 
one  thousand  nine  hundred  thirteen  (P.  L.  212). 

An  act  entitled  "A  supplement  to  an  act,  entitled  'An  act  in  rela- 
tion to  the  laying  out,  opening,  widening,  straightening,  extending, 
or  vacating  streets  and  alleys,  and  the  construction  of  bridges  in  the 
several  municipalities  of  this  Commonwealth;  the  grading,  paving,, 
macadamizing,  or  otherwise  improving,  streets  and  alleys,  providing 
for  ascertaining  damages  to  private  property  resulting  therefrom; 
the  assessment  of  the  damages,  costs,  and  expenses  thereof  upon  the 
property  benefited;  and  the  construction  of  sewers,  and  payment  of 
the  damages,  costs,  and  expenses  thereof,  including  damages  to  pri- 
vate property  resulting  therefrom,'  approved  the  sixteenth  day  of 
May,  Anno  Domini  one  thousand  eight  hundred  and  ninety-one 
(Pamphlet  Laws,  seventy-five) ;  by  providing  that,  in  proceedings  to 
assess  damages  and  benefits  arising  from  improvements  under  the  act 
to  which  this  is  a  supplement,  if  property  is  both  benefited  and  dam- 
aged by  such  improvements,  the  excess  of  damages  over  benefits,  or 
the  excess  of  benefits  over  damages,  or  nothing  in  case  the  benefits 
and  damages  are  equal,  shall  be  awarded  to  or  assessed  against  the 
owners  of  property,  and  providing  that  the  report  thereof  made  by 
the  Board  of  Viewers  shall  show  the  net  result  only,"  approved  the 
fifteenth  day  of  May,  one  thousand  nine  hundred  thirteen  (P.  L. 
215). 

An  act  entitled  "An  act  requiring  a  license  for  conducting  any 
business  the  whole  or  greater  part  of  which  shall  consist  of  the 
sale  of  goods  which  shall  be  held  forth,  represented,  or  advertised 
to  be  goods  of,  or  obtained  from,  the  estate  of  any  bankrupt;  or 
goods  of,  or  obtained  from,  an  assignee,  or  a  person,  firm,  or  cor- 
poration about  to  go  out  of  business;  or  goods  to  have  been  damaged 
in  any  v/jiy;  and  regulating  such  licensing,  and  fixing  a  penalty  for 
violation  of  this  act,"  approved  the  twentieth  day  of  May,  one  thou- 
sand nine  hundred  thirteen  (P.  L.  227), 

An  act  entitled  "An  act  to  amend  the  title,  the  first  section,  the 
second  section,  and  the  third  section  of  an  act  of  Assembly,  entitled 
'An  act  relating  to  the  settlement  and  audit  of  the  accounts  of  all 

233 


officers,  elected  or  appointed,  of  boroughs,  townships,  poor  districts, 
and  school  districts;  prescribing  the  time  for  such  settlement  and 
audits,  for  the  matters  to  be  contained  in  the  report  of  settlement 
and  audit,  for  the  filing  of  said  report  in  the  office  of  the  clerk  of 
quarter  sessions,  and  for  appeals  to  the  court  of  common  pleas  and 
Superior  and  Supreme  Courts,'  approved  the  ninth  day  of  June, 
Anno  Domini  one  thousand  nine  hundred  and  eleven;  by  repealing 
so  much  thereof  as  applies  to  school  districts,"  approved  the  twen- 
tieth day  of  May,  one  thousand  nine  hundred  thirteen  (P.  L.  254). 

An  act  entitled  "An  act  to  amend  section  one  of  an  act,  approved 
the  third  day  of  May,  Anno  Domini  one  thousand  nine  hundred  and 
nine,  entitled  'An  act  authorizing  townships  of  the  first  class  and 
boroughs  of  this  Commonwealth  to  acquire,  by  taking  and  ap- 
propriating under  right  of  eminent  domain,  and  by  gift,  devise,  pur- 
chase, lease,  and  otherwise,  private  property,  for  the  purpose  of  mak- 
ing enlarging,  extending,  and  maintaining  public  parks,  parkways, 
and  playgrounds;  requiring  consent  of  the  qualified  electors  to  such 
acquiring  in  certain  cases,  and  providing  the  procedure  for  obtain- 
ing such  consent;  authorizing  the  said  townships  and  boroughs  to 
improve,  maintain,  and  regulate  such  parks,  parkways,  and  play- 
grounds; and  providing  for  the  manner  of  securing,  ascertaining, 
determining,  awarding,  and  paying  compensation  and  damages 
where  property  is  taken,  used  and  appropriated  for  the  said  pur- 
poses,' by  changing  the  limitations  of  the  amount  of  money  which 
such  township  or  borough,  in  the  exercise  of  the  authority  granted  by 
said  act,  shall,  within  any  period  of  three  years,  obligate  itself  to 
pay,  without  the  consent  of  a  majority  of  the  qualified  electors,"  ap- 
proved the  twentieth  day  of  May,  one  thousand  nine  hundred  thir- 
teen (P.  L.  257). 

An  act  entitled  "An  act  amending  an  act,  entitled  'An  act  pro- 
viding a  system  whereby  boroughs  may  build  sewers;  grade,  sub- 
grade,  and  pave  streets  and  alleys;  pay  the  costs  thereof  by  the 
issue  of  bonds,  and  collect  the  same  from  the  property  benefited,  in 
instalments,'  approved  June  fifteen,  Anno  Domini  one  thousand  nine 
hundred  and  eleven,  by  extending  the  provisions  thereof  so  as  to  in- 
clude the  acquisition  by  boroughs  and  incorporated  towns  of  exist- 
ing sewers  and  sewer  systems,"  approved  the  twenty-first  day  of  May, 
one  thousand  nine  hundred  thirteen  (P.  L.  277). 

An  act  entitled  "An  act  permitting  counties,  cities,  and  boroughs, 
singly  or  jointly,  of  the  Commonwealth  of  Pennsylvania,  to  ap- 
propriate and  expend  moneys  for  the  improvement  of  highways  out- 
side the  limits  of  such  cities  or  boroughs,  for  the  purpose  of  con- 
necting improved  streets  of  such  cities  or  boroughs  with  a  State  high- 
way or  State-aid  highway,  when  the  highway  outside  of  the  limits 

234 


of  such  cities  or  boroughs  is  less  than  one  mile  in  length,  and  will 
connect  such  cities  or  boroughs  with  the  State  highway  or  State-aid 
highway,"  approved  the  twenty-third  day  of  May,  one  thousand  nine 
hundred  thirteen  (PVL.  336). 

An  act  entitled  "An  act  giving  to  all  owners  or  tenants  of  lands, 
properly,  or  material,  abutting  on,  or  through  which  pass,  roads, 
street.^,  lanes,  or  alleys  injured  by  the  laying  out,  opening,  widening, 
vacating,  ex  lend  ing,  or  grading  of  said  roads,  streets,  lanes,  or  al- 
leys, or  the  changing  of  grades  and  lines  thereof,  by  cities,  coun- 
ties, boroughs  or  townships,  within  this  Commonwealth;  the  con- 
struction and  the  vacating  by  said  cities,  counties,  boroughs  or  town- 
ships of  bridges,  and  the  piers,  abutments,  approaches,  embankments, 
slopes  or  causeways,  therefor,  or  leading  thereto,  which  abut  on  or 
pass  through  or  along  said  lands,  property,  or  material;  and  the  con- 
struction by  said  cities,  counties,  boroughs,  or  townships  of  sewers 
in,  over,  upon,  along,  or  through  said  lands,  property,  or  material, 
the  right  to  damages  for  said  injuries;  directing  all  juries  of  view 
appointed,  or  that  shall  hereafter  be  appointed,  under  existing  laws 
for  assessing  damages  or  benefits  for  taking,  using,  occupying,  or 
injuring  lands,  property  or  material,  to  assess  said  damages,  if  any, 
against  said  cities,  counties,  boroughs  or  townships,  as  the  case  may 
be,  and  the  benefits,  if  any,  in  connection  therewith;  granting  the 
right  of  appeal  to  the  proper  court  of  common  pleas  from  the  report 
of  said  juries,  and  the  trial  by  jury  in  said  court  of  common  pleas, 
and  the  right  to  file  exceptions  to  said  report;  and  the  right  of  ap- 
peal to  the  Superior  Court  or  Supreme  Court,  after  disposal  of  ex- 
ceptions, or  verdict  and  final  judgment;  and  providing  that  this  act 
shall  apply  to  all  existing  and  future  proceedings,"  approved  the 
twenty-eighth  day  of  May,  one  thousand  nine  hundred  thirteen  (P.  L. 
368). 

An  act  entitled  "An  act  relating  to  the  reports  of  auditors  of  bor- 
oughs, townships,  and  poor  districts,  and  appeals  therefrom;  giving 
certain  powers  to  taxpayers  in  connection  therewith ;  and  prescrib- 
ing  the  practice  to  be  pursued  in  all  appeals  from  such  auditors'  re- 
ports," approved  the  thirty-first  day  of  May,  one  thousand  nine  hun- 
dred thirteen  (P.  L.  394). 

An  act  entitled  "'An  act  to  authorize  the  display  of  the  State, 
caiinty,  city,  borough,  or  other  municipal  flags  on  public  buildings  in 
the  Commonwealth,"  approved  the  fifth  day  of  June,  one  thousand 
nine  hundred  thirteen  (P.  L.  419). 

An  act  entitled  "An  act  establishing  a  Commission  of  Water- 
works, in  boroughs  and  incorporated  towns  of  this  Commonwealth; 
providing  for  the  appointment  of  Commissioners  of  Water-works  and 
prescribing  their  powers  and  duties,"  approved  the  fifth  day  of  June, 
one  thousand  nine  hundred  thirteen  (P.  L.  445). 


An  act  entitled  "An  act  amending  the  first  section  of  an  act,  en- 
titled 'An  act  to  further  define  the  police  power  of  cities  of  the  third 
class  and  boroughs,  with  reference  to  electric  light  wires/  approved 
the  twenty-eighth  day  of  April,  one  thousand  nine  hundred  and 
three,  so  as  to  include  telegraph  and  telephone  wires,  and  reducing 
the  number  of  jurors,"  approved  the  twelfth  day  of  June,  one  thou- 
sand nine  hundred  thirteen  (P.  L.  488). 

An  act  entitled  "An  act  relating  to  damages  in  case  of  taking  of 
property  for  use  as  a  public  wharf,  pier,  or  bulkhead/'  approved  the 
twentieth  day  of  June,  one  thousand  nine  hundred  thirteen  (P.  L. 
543). 

An  act  entitled  "An  act  authorizing  the  several  counties,  incor- 
porated towns,  and  boroughs  to  appropriate  annually  sums  of  money 
to  each  camp  of  the  United  (Spanish  War  Veterans,  and  of  the  Army 
of  the  Philippines,  and  to  each  post  of  the  American  Veterans  of 
Foreign  Service,  in  the  respective  counties,  boroughs,  and  towns,  to 
aid  in  defraying  the  expenses  of  Memorial  Day,"  approved  the 
twenty-fifth  day  of  June,  one  thousand  nine  hundred  thirteen  (P.  L. 
550). 

An  act  entitled  "An  act  to  authorize  all  cities  and  boroughs  in 
the  Commonwealth  of  Pennsylvania  to  construct  and  maintain  com- 
fort and  waiting-stations  and  drinking-fountains  in  the  public  high- 
ways of  such  municipalities,  and  providing  the  manner  of  ascertain- 
ing and  collecting  the  damages  caused  by  the  construction  of  such  im- 
provements," approved  the  twenty-seventh  day  of  June,  one  thousand 
nine  hundred  thirteen  (P.  L.  632). 

An  act  entitled  "An  act  to  permit  viewers  to  award  damages,  for 
the  vacation  of  streets,  roads,  or  highways,  to  abutting  owners,  where 
no  land  is  actually  taken,"  approved  the  twenty-seventh  day  of  June, 
one  thousand  nine  hundred  thirteen  (P.  L.  633). 

An  act  entitled  "An  act  amending  and  supplementing  an  act,  en- 
titled 'An  act  making  it  lawful  for  any  municipality,  in  which  a  cor- 
poration created  and  existing  under  and  by  virtue  of  the  laws  of 
this  Commonwealth  have  constructed  and  are  maintaining,  or  any 
hereafter  construct  and  maintain,  sewers,  culverts,  conduits,  and 
pipes,  with  the  necessary  inlets  and  appliances  for  surface,  undj^ 
surface  and  sewage  drainage,  to  become  the  owner  of  such  sewers, 
culverts,  conduits,  and  pipes,  with  the  necessary  inlets  and  appli- 
ances aforesaid;  providing  the  amount  to  be  paid  for  the  same,  and 
the  manner  of  ascertaining  such  amount  in  case  of  disagreement  be- 
tween the  municipality  and  the  corporation  owning  the  same/  ap- 
proved April  nineteenth,  one  thousand  nine  hundred  and  one,  by  ex- 
tending the  provisions  thereof  to  sewers,  culverts,  conduits  and  pipes, 

236 


with  the  necessary  inlets  and  appliances,  owned  by  individuals  and 
unincorporated  associations;  and  providing  for  the  assessment  of 
the  costs  and  expenses  of  the  property,  so  acquired,  upon  the  proper- 
ties benefited  thereby  or  upon  the  proper  municipality,"  approved 
the  twenty-first  day  of  July,  one  thousand  nine  hundred  thirteen 
(P.  L.  865). 

An  act  entitled  "An  act  to  amend  an  act  entitled  'An  act  in  rela- 
tion to  the  laying  out,  opening,  widening,  straightening,  extending, 
or  vacating  streets  and  alleys,  and  the  construction  of  bridges,  in 
the  several  municipalities  of  this  Commonwealth;  the  grading,  pav- 
ing, macadamizing,  or  otherwise  improving  streets  and  alleys;  pro- 
viding for  ascertaining  the  damages  to  private  property  resulting 
therefrom,  the  assessment  of  the  damages,  costs,  and  expenses  thereof 
upon  the  property  benefited,  and  the  construction  of  sewers,  and 
payment  of  the  damages,  costs,  and  expenses  thereof,  including  dam- 
ages to  private  property  resulting  therefrom,'  approved  the  sixteenth 
day  of  May,  Anno  Domini  one  thousand  eight  hundred  and  ninety- 
one,"  approved  the  twenty-second  day  of  July,  one  thousand  nine 
hundred  thirteen  (P.  L.  902). 

An  act  entitled  "An  act  conferring  certain  powers  upon  municipali- 
ties of  this  Commonwealth  in  and  on  the  public  wharves  within  the 
limits  of  such  municipalities,"  approved  the  twenty-fourth  day  of 
July,  one  thousand  nine  hundred  thirteen  (P.  L.  1017). 

An  act  entitled  "An  act  regulating  the  mining  out  and  removing 
of  the  coal  and  other  minerals  and  support  underlying  and  beneath 
the  surface  of  the  several  streets,  avenues,  thoroughfares,  courts,  al- 
leys, places,  and  public  highways  within  the  limits  of  the  several 
municipal  corporations,  and  authorizing  the  creation  of  a  Bureau 
of  Mine  Inspection  and  Surface  Support  by  any  municipal  corpora- 
tion, within  the  anthracite  coal  fields  of  this  Commonwealth,  and 
giving  such  bureau  jurisdiction,  and  providing  for  the  filing  of  cer- 
tain maps  and  plans,  and  providing  a  penalty  for  violation  thereof," 
approved  the  twenty-sixth  day  of  July,  one  thousand  nine  hundred 
thirteen  (P.  L.  1439). 

(d)  THE  FOLLOWING  ACTS  AND  PARTS  OF  ACTS  ARE  RE- 
PEALED IN  SO  FAR  AS  THEY  CONFER  ANY  POWERS  OR 
IMPOSE  ANY  DUTIES  ON  BOROUGHS  VIZ:— 

An  act  entitled  "An  act  to  provide  for  the  erection  and  main- 
taining of  watering  troughs  for  the  use  of  horses  and  cattle  on  the 
public  roads  of  this  Commonwealth,  and  providing  penalties  for  the 
injury  and  destruction  of  the  same,"  approved  the  twenty-eighth  day 
of  April,  one  thousand  eight  hundred  seventy-six  (P.  L.  51). 

237 


An  act  entitled  "A  supplement  to  an  act  to  provide  for  the  erec- 
tion and  maintaining  of  watering  troughs  for  the  use  of  horses  and 
cattle,  on  the  public  roads  of  this  Commonwealth,  and  providing 
penalties  for  the  injury  and  destruction  of  the  same,  approved  the 
twenty-eighth  day  of  April,  Anno  Domini  one  thousand  eight  hun- 
dred and  seventy-six,'7  approved  the  twenty-fifth  day  of  June,  one 
thousand  eight  hundred  eighty-five  (P.  L.  168). 

An  act  entitled  "An  act  authorizing  the  grading,  paving  and  curb- 
ing or  macadamizing  of  streets  and  alleys,  which  may  be  in  whole 
or  in  part  the  boundaries  of  boroughs  and  first  class  townships,  by 
joint  contract,  and  providing  for  the  payment  of  costs,  damages  and 
expenses  thereof,"  approved  the  tenth  day  of  July,  one  thousand  nine 
hundred  one  (P.  L.  637). 

An  act  entitled  "An  act  authorizing  any  municipality  to  connect 
with  the  sewer  of  any  other  municipality  and  township  of  the  first 
class,  for  sewage  purposes,  and  providing  a  method  of  ascertaining 
the  damages  caused  thereby,  and  for  the  assessment  and  payment  of 
the  same,"  approved  the  seventeenth  day  of  July,  one  thousand  nine 
hundred  one  (P.  L.  668). 

An  act  entitled  "An  act  authorizing  contracts  between  cities,  bor- 
oughs, and  townships,  of  the  one  part,  and  street  passenger  railway 
companies  and  motor  power  companies,  of  the  other  part;  provid- 
ing for  the  keeping  of  certain  streets  free  from  street  railway  tracks, 
by  permitting  the  temporary  relocation  or  abandonment  of  tracks 
already  laid,  or  the  postponement  of  the  laying  of  tracks  duly  author- 
ized, while  preserving  the  rights  of  such  company  to  resume  the 
exercise  of  its  said  franchises  upon  the  termination  or  breach  of 
such  contract,"  approved  the  third  day  of  May,  one  thousand  nine 
hundred  five  (P.  L.  379). 

An  act  entitled  "An  act  authorizing  contracts  between  cities,  bor- 
oughs or  townships,  of  the  one  part,  and  street  passenger  railway 
companies,  surface,  elevated  or  underground,  or  motor  power  com- 
panies leasing  and  operating  the  franchises  and  property  of  such 
companies,  of  the  other  part,  affecting,  fixing  and  regulating  the 
franchises,  powers,  duties  and  liabilities  of  such  companies,  the 
management  of  the  same  the  relations  and  respective  rights  of  the 
contracting  parties,  and  the  ultimate  acquisition  by  such  cities,  bor- 
oughs and  townships  of  the  property,  leaseholds  and  franchises  of 
said  contracting  companies,"  approved  the  fifteenth  day  of  April, 
one  thousand  nine  hundred  seven  (P.  L.  80). 

An  act  entitled  "An  act  relating  to  the  location,  construction,  and 
maintenance  of  viaducts  and  bridges  in  boroughs  and  adjacent  ter- 
ritory; empowering  the  several  boroughs  of  this  Commonwealth  to 

238 


construct  or  have  constructed  bridges  or  viaducts  over  rivers,  creeks, 
streams,  railroads,  and  private  land,  or  over  and  across  railroads  and 
any  of  them,  or  over  and  across  railroads,  for  public  highways  and 
to  procure  locations  therefor  by  purchase  or  condemnation  proceed- 
ings, whether  the  same  be  wholly  within,  or  partly  within  and  partly 
without,  the  borough  limits;  authorizing  said  boroughs  to  unite  and 
outer  into  a  contract  or  contracts  with  the  county  commissioners 
of  the  proper  county,  and  with  railroad,  street  railway  and  other  com- 
panies and  parties  interested,  or  with  any  of  them,  for  the  erection, 
construction,  and  maintenance  of  said  viaducts  and  bridges,  and  for 
the  payment  of  the  damage  caused  by  their  location  and  erection; 
and  forbidding  any  railroad  company  to  pass  under  or  upon  any  such 
viaduct  or  bridge  without  contributing  to  the  cost  of  maintenance 
thereof,"  approved  the  twenty-fifth  day  of  May,  one  thousand  nine 
hundred  seven  (P.  L.  240). 

An  act  entitled  "An  act  authorizing  municipalities  to  purchase, 
condemn,  maintain,  and  use  public  toll-bridges  crossing  rivers  or 
streams  within  the  limits  thereof,  and  to  enter  into  a  contract  with 
the  county  commissioners  of  the  proper  county, — when  said  commis- 
sioners are  duly  authorized  thereto  by  the  court  of  quarter  sessions, 
on  petition  of  twenty  or  more  taxpayers  of  such  county, — whereby 
the  said  county  shall  pay  a  portion  of  the  cost  thereof;  and  giving 
power  to  the  municipalities  to  charge  and  collect  tolls  or  rentals, 
for  the  use  of  any  such  bridge,  from  railway,  telephone,  and  tele- 
graph companies  and  other  persons  making  a  use  thereof  for  other 
than  ordinary  public  foot  and  vehicle  travel;  and  providing  for  the 
preservation  of  existing  contracts  with  such  persons,  and  their  as- 
signment to  such  municipality,"  approved  the  twenty-fourth  day  of 
March,  one  thousand  nine  hundred  nine  (P.  L.  69). 

An  act  entitled  "An  act  to  authorize  municipalities  to  unite  in 
the  construction  of  a  sewage  system,  and  to  permit  municipalities 
to  form  corporations  for  the  purpose  of  constructing  a  sewage  sys- 
tem," approved  the  first  day  of  May,  one  thousand  nine  hundred  nine 
(P.  L.  306). 

An  act  entitled  "An  act  amending  an  act  approved  the  twenty- 
second  day  of  April,  Anno  Domini  nineteen  hundred  and  five,  entitled 
•An  act  to  amend  an  act,  entitled  "An  act  providing  for  the  perma- 
nent improvement  of  certain  public  roads  or  highways  in  the  several 
counties  of  this  Commonwealth,  making  such  improved  roads  and 
highways  county  roads;  authorizing  the  relocation,  opening,  straight- 
(ii ing,  widening,  extension,  and  alteration  of  the  same,  and  the  vaca- 
tion of  so  much  of  any  such  road  as  may  thereby  become  necessary; 
authorizing  the  taking  of  property  for  such  improvement,  and  pro- 


16— C  239 


viding  for  the  compensation  therefor  and  the  damage  resulting  from 
such  taking;  providing  for  the  payment  of  the  costs  and  expenses 
incurred  in  making  such  improvements,  and  in  thereafter  repairing 
and  maintaining  said  road,  and  authorizing  the  levy  of  a  tax  to  pro- 
vide a  fund  for  such  purposes/'  approved  June  twenty-sixth,  one 
thousand  eight  hundred  and  ninety-five;  providing  that  public  roads 
and  highways  may  be  constructed,  improved,  and  maintained  by  the 
several  counties  of  the  Commonwealth  as  county  roads,  whether  ex- 
isting by  other  authority  or  laid  out  in  whole  or  in  part  by  virtue  of 
this  act;  and  providing  that  public  roads  and  highways  may  be 
originally  located,  laid  out,  and  established  for  the  purpose  of  such 
construction,  improvement  and  maintenance  by  the  several  coun- 
ties, in  the  manner  and  by  the  procedure  set  out  in  the  amended  act, 
and  subject  to  other  provisions  thereof ;  providing  for  the  laying  out 
of  a  system  of  main  thoroughfares,  to  which  the  establishing,  con- 
struction, improvement  and  maintenance  of  public  roads  by  th,e  coun- 
ties shall  be  restricted  after  January  one,  one  thousand  nine  hun- 
dred and  seven;  but  providing  for  such  establishing,  construction, 
improvement  and  maintenance  of  roads  not  part  of  said  system,  upon 
parties  interested  paying  not  less  than  one-fourth  of  the  original  cost 
of  construction;  and  providing  that  the  county  commissioners  of 
any  county  may  provide  rules  regulating  the  use  of  roads  constructed 
and  maintained  by  the  counties;  and  prescribing  the  penalties  for 
the  violation  thereof,'  and  providing  that  public  roads  and  highways 
located,  established,  constructed  and  improved  by  the  several  coun- 
ties, in  the  manner  and  by  the  procedure  set  out  in  the  said  acts,  shall 
thereafter  be  township  or  borough  roads,  and  be  maintained  and  im- 
proved by  the  proper  township  or  borough,"  approved  the  thirteenth 
day  of  May,  one  thousand  nine  hundred  nine  (P.  L.  527). 

Section  eighteen  of  an  act  entitled  "An  act  providing  for  the  origi- 
nal location,  laying  out  and  construction  of  public  roads  or  highways 
in  the  several  counties  of  this  Commonwealth,  and  for  the  perma- 
nent improvement  of  certain  public  roads  or  highways  therein ;  mak- 
ing such  originally  constructed  or  improved  roads  and  highways 
county  roads;  authorizing  the  relocation,  opening,  straightening, 
widening,  extension  and  alteration  of  the  same,  and  the  vacation  of 
so  much  of  any  road  as  may  thereby  become  unnecessary;  providing 
that  the  county  commissioners  of  any  county  may  prescribe  rules 
regulating  the  use  of  roads  constructed  or  maintained  by  the  various 
counties,  and  prescribing  penalties  for  the  violation  thereof;  provid- 
ing for  the  taking  of  property  for  such  improvement,  the  compensa- 
tion to  be  paid  therefor,  and  the  payment  of  damages  resulting  from 
such  taking,  and  the  manner  in  which  such  damages  may  be  deter- 
mined; providing  for  the  payment  of  the  costs  and  expenses  of  such 


240 


construction  or  improvement  and  in  thereafter  repairing  and  main- 
taining said  roads;  authorizing  Ihe  levy  of  a  tax  or  the  issuing  of 
bonds  to  provide  a  fund  for  the  expense  I  hereof;  prescribing  a  method 
for  improving  a  county  road  lying  within  or  traversing  a  borough, 
and  apportioning  the  cost  of  such  improvement;  and  authorizing 
the  vacation  of  any  county  road, ''-approved  the  eleventh  day  of  May, 
one  thousand  nine  hundred  eleven  (P.  L.  244). 

An  act  entitled  "An  act  authorizing  boroughs  to  unite  with  bor- 
.Mighs  or  townships  in  constructing  or  acquiring  and  maintaining 
works  for  supplying  water  to  such  boroughs  or  townships/'  approved 
the  first  day  of  June,  one  thousand  nine  hundred  eleven  (P.  L.  541). 

An  act  entitled  "An  act  to  amend  the  first  and  second  sections  of 
an  act,  approved  the  first  day  of  May,  Anno  Domini  one  thousand 
nine  hundred  and  nine,  entitled  'An  act  to  authorize  municipalities 
to  unite  in  the  construction  of  a  sewage  system,  and  to  permit  mu- 
nicipalities to  form  corporations  for  the  purpose  of  constructing  a 
sewage  system,'  by  including  townships,"  approved  the  fifteenth  day 
of  June,  one  thousand  nine  hundred  eleven  (P.  L.  966). 

An  act  entitled  "An  act  providing  a  method  whereby  highways, 
the  center  line  of  which  constitutes  a  dividing  line  between  a  city 
or  borough  and  a  township  in  the  same  count}',  may  be  altered  or 
improved  and  the  cost  thereof  apportioned,"  approved  the  twentieth 
day  of  May,  one  thousand  nine  hundred  thirteen  (P.  L.  267). 

First  four  paragraphs  of  section  one  of  an  act  entitled  "An  act 
to  amend  section  eighteen  of  an  act,  entitled  'An  act  providing  for 
the  original  location,  laying  out,  and  construction  of  public  roads 
or  highways  in  the  several  counties  of  this  Commonwealth,  and  for 
the  permanent  improvement  of  certain  public  roads  or  highways 
therein;  making  such  originally  constructed  or  improved  roads  and 
highways  county  roads;  authorizing  the  relocation,  opening, 
straightening,  widening,  extension  and  alteration  of  the  same,  and 
the  vacation  of  so  much  of  any  road  as  may  thereby  become  unneces- 
sary; providing  that  the  county  commissioners  of  any  county  may 
prescribe  rules  regulating  the  use  of  roads  constructed  or  main- 
tained by  the  various  counties,  and  prescribing  penalties  for  the  vio- 
la i ion  thereof;  providing  for  the  taking  of  property  for  such  im- 
provement, the  compensation  to  be  paid  therefor,  and  the  payment  of 
damages  resulting  from  such  taking,  and  the  manner  in  which  such 
damages  may  be  determined;  providing  for  the  payment  of  the  costs 
and  expenses  of  such  construction  or  improvement  and  in  thereafter 
repairing  and  maintaining  said  loads;  authorizing  the  levy  of  a  tax 
<>)•  the  issuing  of  bonds  to  provide  a  fund  for  the  expense  thereof; 
prescribing  a  method  for  improving  a  county  road  lying  within  or 
traversing  a  borough,  and  apportioning  the  cost  of  such  improve- 

241 


ment;  and  authorizing  the  vacation  of  any  county  road/  approved 
the  eleventh  day  of  May,  Anno  Domini  one  thousand  nine  hundred 
and  eleven;  by  authorizing  counties  to  contract  with  boroughs  in 
the  improvement  of  a  borough  street  connecting  with  a  county  road; 
providing  for  the  cost  thereof;  prescribing  the  method  by  which  the 
contract  for  such  improvement  shall  be  made;  and  imposing  the  cost 
of  maintenance  of  such  street  on  the  borough,'-  approved  the  twen- 
tieth day  of  May,  one  thousand  nine  hundred  thirteen  (P.  L.  273). 

(e)  THE  FOLLOWING  ACT  OF  ASSEMBLY  IS  REPEALED 
IN  SO  FAR  AS  IT  RELATES  TO  HIGH  CONSTABLE,  VIZ.:— 

An  act  entitled  "An  act  to  amend  an  act,  entitled  'An 
act  to  authorize  the  election  of  constables  for  three  years,' 
approved  the  fourteenth  day  of  February,  Anno  Domini  one  thou- 
sand eight  hundred  eighty-nine,  by  providing  for  the  election  of  a 
high  constable  in  each  of  the  boroughs  of  this  Commonwealth  for 
three  years,  and  by  correcting  the  ambiguity  as  to  the  beginning  of 
the  terms  of  office  under  said  act,"  approved  the  twenty-sixth  day 
of  June,  one  thousand  eight  hundred  ninety-five  (P.  L.  375). 

(f)  ALL  ACTS  OR  PARTS  OF  ACTS  OF  ASSEMBLY  SUP- 
PLIED  BY,   INCONSISTENT   WITH,   OR   APPERTAINING   TO 
THE  SUBJECT  MATTER  COVERED  BY  THIS  ACT,  ARE  RE- 
PEALED.    IT  IS  THE  INTENTION  THAT  THIS  ACT   SHALL 
FURNISH  A  COMPLETE  AND  EXCLUSIVE  SYSTEM  FOR  THE 
GOVERNMENT  AND  REGULATION  OF  BOROUGHS. 


242 


YC  36273 


